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[§185-1]
Definitions. As used in this chapter, unless the context
otherwise requires:
“Administrator” means the administrator of
forestry and wildlife.
“Board” means the board of land and natural
resources.
“Branch” means an area comprising a county of the
State.
“Department” means the department of land and
natural resources.
“Manager” means the forestry and wildlife manager
of a designated branch, [L 1994, c 140, §1]
Revision
Note
This section is new. Former §185-1
renumbered as §185-1.5.
[§185-1.5]
Responsible agency. The department shall take measures
for the prevention, control, and extinguishment of wildland
fires within forest reserves, public hunting areas, wildlife
and plant sanctuaries, and natural area reserves and shall
cooperate with established fire control agencies of the
counties and the federal government in developing plans and
programs and mutual aid agreements for assistance for the
prevention, control, and extinguishment of fires on forest,
grass, brush, and watershed lands not within the
department’s fire protection responsibilities described
above. [L 1953, c 100, §3; RL 1955, §19-51; am
L 1957, c 98, §1; am L Sp 1959 2d.c 1, §22; am L
1961, c 132, §1; HRS §185-1; am L 1974, c 64, pt
of §1; am L 1988, c 338, §1; ren and am L 1994, c
140, §2]
Revision
Note
This section is former
§185-1.
§185-2 Administrator
and managers. The administrator shall be responsible for
coordinating the work of managers and reviewing their plans
for fire protection and control within the meaning of this
chapter. A manager shall be in charge of lands within forest
reserves for the manager’s branch, and shall be in
charge or in support of all measures for the prevention,
control, and execution of wildland fire protection in the
manager’s branch. [L 1953, c 100, §4; RL 1955,
§19-52; am L Sp 1959 2d, c 1, §22; am L 1961, c
132, §1; HRS §185-2; am L 1974, c 64, pt of
§1; am L 1994, c 140 §3]
§185-3 Powers and
duties of the administrator and managers. (a) The
administrator shall be responsible to the board for
supervision of the organization plans and actions of the
managers.
(b) The administrator shall have the power and
duty to:
(1) Review and approve plans prepared by the
managers;
(2) Establish procedures, guidelines, and conditions for
the prevention, control and extinguishment of fires
coming within the meaning of this chapter;
(3) Establish procedures, guidelines, and conditions for
the issuance of burning permits and for determining
periods when forest reserves, public hunting areas,
wildlife and plant sanctuaries, and natural area reserves
shall be closed;(4) Close or partially close forest
reserves, public hunting areas, wildlife and plant
sanctuaries, and natural area reserves, by restricting
certain actives when necessary;
(5) Summon, when necessary, additional firefighting
assistance, equipment, supplies, and materials needed to
extinguish fires; and
(6) Do any act which the manager is empowered to perform
under this chapter.
(c) The manager shall have the power and duty to:
(1) Prepare a plan for fire protection within the meaning
of section [185-1.5];
(2) Take necessary measures for the prevention, control
and extinguishment of fires coming within the meaning of
this chapter;
(3) Issue fire warning notices during dry periods or
other seasons when fire hazards are great;
(4) Close forest reserves, public hunting areas, wildlife
and plant sanctuaries, and natural area reserves to
public access or restrict their use during dry periods
when necessary, to reduce fire risk;
(5) Close public access to areas in which fire control
operations are ongoing;
(6) Issue burning permits as provided in section
185-7;
(7) Receive, audit, and if correct, approve and transmit
to the department through the administrator, all reports
and accounts for expenses incurred in the prevention,
control, and extinguishment of any fires which come
within the meaning of this chapter;
(8) Summon, when necessary, additional firefighting
assistance, equipment, supplies, or materials to assist
in fighting a fire;
(9) Assume full responsibility for directing the control
and extinguishment of any fire coming within the meaning
of this chapter, including directing the control and
extinguishment of any fire on or threatening any lands
included in section [185-1.5] as may be provided
for under mutual aid agreements with other fire control
agencies; and
(10) Conduct educational work in the protection of forest
reserves, public hunting areas, wildlife and plant
sanctuaries, and natural area reserves against fires.
[L 1953, c 100 §5; RL 1955, §19-53; am L
1957, c 98, §2; am L Sp 1959 2d, c 1, §22; am L
1961, c 132, §1; HRS §185-3; am L 1974, c 64 pt
of §1; gen ch 1985; am L 1988, c 338, §2; am L
1994, c 140, §4]
§185-4 Payment for
firefighting. (a) No federal or county agency summoned
by the administrator or manager to assist in extinguishing a
fire shall be reimbursed for expenses incurred in such
firefighting unless specified by mutual aid agreement.
b) No owner, lessee, or occupier of any lands upon which a
fire has occurred, nor any employee of such persons, nor any
person who has any vested interest in and to the lands or
that person’s employees shall be entitled to the
compensation provided for in this chapter, for services and
materials rendered in and upon t he land in the
extinguishment of any fire; provided that the prohibition
shall not apply to owners or persons holding interests to
any lands which have been surrendered to the department
under agreement as a public forest reserve for a period of
ten years or more as a public hunting area for a period of
five years or more or to any owner who suffered a fire as a
result of allowing use of the owner’s land by the
general public without compensation.
(c) All reimbursable expenses incurred in controlling or
extinguishing a fire by the administrator or a manager shall
be payable from the firefighter’s contingency fund,
provided the fire suppression budget is exceeded, and the
owner, lessee, or agency having control over the lands has
not been negligent in starting or failing to control or
extinguish a fire. Any person, agency, or corporation,
summoned by the administrator or a manager to assist in
extinguishing a fire eligible under this chapter to claim
for reimbursement for wages, equipment use, supplies, or
materials must submit an itemized statement of such claims
to the administrator through the manager within forty-five
working days after the fire has been extinguished in order
to have it honored.
(d) There shall be established under the control of the
department a firefighter’s contingency fund into which
shall be deposited appropriations made by the legislature. .
[L 1953, c 100 §6; RL 1955, §19-54; am L 1957,
c 98, §3; am L Sp 1959 2d, c 1, §22; am L 1961, c
132, §1; HRS §185-4; am L 1974, c 64 pt of
§1; am L 1978, c 93, §1; am L 1986, c 209,
§1; am L 1993, c 161, §1; am L 1994, c 140,
§5]
§185-5 Rates of pay for
firefighting. Persons summoned by the administrator or a
manager or by anyone authorized by the administrator or a
manager for controlling or extinguishing a fire, within the
meaning of this chapter, shall receive compensation at an
hourly rate equivalent to the prevailing entry level rate of
the civil service classification for the skill for which the
person is called on to perform. The rental rates of
equipment shall not exceed the prevailing interdepartmental
rates for equipment of similar type as established by the
department of accounting and general services and supplies
or material expended shall be paid for at the actual cost of
replacement. [L 1953, c 100, §7; RL 1955,
§19-55; am L Sp 1959 2d, c 1, §12; HRS
§185-5; am L 1974, c 64, pt of §1; gen ch 1985; am
L 1994, c 140, §6]
§185-7 Fire danger
periods, burning permits, setting fires, penalties. (a)
During periods of weather when the threat of fire is
particularly dangerous within forest reserves, public
hunting areas, wildlife and plant sanctuaries, and natural
area reserves in any branch, the manager shall establish a
fire danger period by causing a fire warning to be issued by
publishing a notice containing information setting forth the
type of closure and a designation of the affected areas or
by posting notices in public places with similar
information. During fire danger periods, the manager
may:
(1) Totally close or limit use within an area;
(2) Prohibit any burning;
(3) Prohibit smoking in specified areas, including in
automobiles operating in the area; and
(4) Prohibit camping in certain areas. However, in areas
where fire control operations are in progress, a manager may
prohibit public access and use without prior notice for
purposes of effective fire control operations and public
safety.
(b) The manager will minimize the threat of fires by
maintaining control through the issuance and management of
burning permits or the establishment of rules by the
department, pursuant to chapter 91. On other lands where the
department has fire protection responsibility, as described
in section [185-1.5], and on adjoining property that
offer a significant threat to those lands, the department
shall establish agreements with the department [of]
health to require burning plans acceptable to the managers
and the county fire chief. The issuance of permits shall be
at the discretion of the issuing officer who shall take into
account whether the issuance of a permit is compatible with
safety. Holders of permits shall start no fires during a
heavy wind or without sufficient help present to control
same and shall maintain a constant watch over the fires
until they have been extinguished.
(c) Any person who violates any restriction of a closure or
any person who discards burning material within a closed
fire area, or, every person who sets a fire on land within
the closed fire area without a permit, or, every person who
wilfully, maliciously, or negligently sets a fire which
burns property not owned, leased, or controlled by the
person shall be guilty of a misdemeanor. Any person
violating this section shall be fined not less than $250 nor
more than $4,000 and shall be held liable for restitution
for any suppression costs and damages to public or private
property. Setting fires or causing them to be set or
allowing them to escape shall be prima facie evidence of
wilfulness, malice, or negligence under this section;
provided that nothing herein contained shall apply to a
person who, in good faith, sets a back fire to check a fire
already burning. A “closed fire area” is defined
as the area wherein a total closure or specific burning
restrictions are in effect during a fire danger period.
[L 1953, c 100, §9; RL 1955, §19-57; HRS
§185-7; am L 1974, c 64 pt of §1; gen ch 1985; am
L 1994, c 140 §7]
§185-8 Government
agencies to assist. All agencies of the State or its
political subdivisions shall assist in extinguishing any
fire when duly summoned by the administrator or any manager.
[L 1953, c 100, §11: RL 1955, §19-59; HRS
§185-9, ren and am L 1974, c 64, pt of §1; am L
1994, c 140, §8]
§185-9
Obstructing the administrator or managers; penalty. Any
person who obstructs or interferes with or prevents the
administrator or any person in the performance of any duty
authorized by this chapter shall be fined not less than $500
nor more than $2,000. [L 1953, c 100, §12; RL 1955,
§19-60; HRS §185-10; ren and am L 1974, c 64, pt
of §1; am L 1994, c 140, §9]
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