THE SENATE

S.B. NO.

449

THIRTY-FIRST LEGISLATURE, 2021

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC SAFETY.

 

 

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

 


SECTION 1. The legislature finds that smoke alarms, when properly installed and maintained, play a vital role in reducing fire deaths and injuries. When there is a fire, smoke spreads fast and working smoke alarms give people an early warning so they can escape quickly. Smoke alarms are a key part of a home fire escape plan.

The purpose of this Act is to require:

(1) A property owner of residential real property that is wholly or partially occupied for residential purposes to disclose, as part of the mandatory seller disclosures in real estate transactions, whether the installed smoke alarm in the residential real property is in accordance with existing building or residential codes based on information provided by the state fire council; and

(2) The state fire council to create and maintain an informational guide on approved smoke alarms that are in accordance with existing state or county building or residential codes and post the informational guide on the state fire council's website and each county fire department's website.

SECTION 2. Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"508D-    Smoke alarms; residential real property. (a) Notwithstanding any law to the contrary, a property owner of a residential real property that is wholly or partially occupied for residential purposes shall include, as part of the seller's disclosure statement, whether the installed smoke alarm in the residential real property is in accordance with existing state or county building or residential codes based on information provided by the state fire council pursuant to section 132‑16(d).

(b) For purposes of this section, "smoke alarm" means a stand-alone, self-contained device, with a detector that senses the products of combustion and sounds an audible, and sometimes visual, warning or alarm."

SECTION 3. 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 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:

(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.

(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;

(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 create and maintain an informational guide on approved smoke alarms that are in accordance with existing state or county building or residential codes. The informational guide shall be prominently posted on the state fire council website and on each county fire department website. For purposes of this subsection, "smoke alarm" means a stand-alone, self-contained device, with a detector that senses the products of combustion and sounds an audible, and sometimes visual, warning or alarm.

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

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, 2050.

 


 


 

Report Title:

State Fire Council Package; Residential Real Property; Smoke Alarms; Property Owners; Seller Disclosure Statements; Informational Guide

 

Description:

Requires property owners of residential real property to disclose, as part of the mandatory seller disclosures in real estate transactions, whether the installed smoke alarm is in accordance with existing building or residential codes based on information provided by the state fire council. Requires the state fire council to create and maintain an informational guide on approved smoke alarms that are in accordance with existing building or residential codes and post the guide on specified websites. Effective 7/1/2050. (HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.