SB1383 is a major overhaul of Hawaii’s state fire governance framework, centered on the Office of the State Fire Marshal. The bill is expressly tied to recommendations from the Fire Safety Research Institute’s “Phase 3” report following the 2023 Maui wildfires, and it expands the office’s statutory authority, clarifies its relationship with the State Fire Council, and places the office within the Department of Defense for administrative purposes. It also repeals the prior fire marshal establishment section and replaces it with a broader structure for leadership, staffing, rulemaking, reporting, and coordination with counties and other agencies.
The bill gives the state fire marshal authority to assess statewide fire risk, adopt the state fire code, set minimum statewide fire safety standards, develop training and certification standards, maintain fire records, and coordinate wildfire readiness and emergency planning. It adds specific powers related to defensible space requirements, wildfire mitigation, equipment standardization, inspections, investigations, and cooperation with insurers, utilities, and federal agencies. The bill also updates related statutes so county fire chiefs’ rules cannot be less stringent than state standards, county building codes cannot be weaker than the state fire code, and state fire marshal orders and variances have clearer legal effect.
SB1383 would significantly affect state and county fire law by shifting more authority to the state level while preserving some county enforcement powers. It creates preemption rules for county fire regulations that fall below state minimums, requires counties to align building and fire code provisions with state standards, and authorizes the state fire marshal to grant exemptions to counties that already meet adequate standards and enforcement. The bill also expands recordkeeping, inspection, subpoena, and penalty provisions, and it authorizes civil penalties tied to a state-developed structure for defensible space violations. In addition, it transfers state fire council administrative placement and related functions to the Department of Defense and makes the state fire marshal and deputies exempt positions under civil service law.
The overall sentiment reflected in the available voting history is strongly supportive. Both Senate committees that considered the bill passed it unanimously, each by a 5-0 vote, and both did so with amendments. That suggests broad agreement on the need to strengthen wildfire preparedness and modernize the state’s fire protection framework in response to the Maui disaster.
The main points of contention appear to be structural rather than ideological. The bill centralizes authority in the state fire marshal, limits county discretion where local rules are weaker than state standards, and moves the office and state fire council into the Department of Defense, which may raise questions about administrative control, civil service exemptions, and the balance between state and county authority. The defensible space provisions, county preemption language, and the new enforcement and penalty structure are the most likely areas where implementation details and local autonomy could be debated.
SB1383 would substantially revise Chapter 132 and related statutes governing fire protection, wildfire mitigation, inspections, investigations, and fire code administration in Hawaii. It would establish a more powerful Office of the State Fire Marshal, move it under the Department of Defense for administrative purposes, make the state fire marshal and deputy fire marshals exempt positions, and transfer state fire council-related functions from the Department of Labor and Industrial Relations to the Department of Defense. The bill also amends building code and fire code statutes to ensure county rules and codes cannot be less stringent than state fire code standards, while authorizing state minimum defensible space requirements and related county enforcement.
The bill appears to have received favorable and largely unified support in committee. The available voting record shows unanimous 5-0 passage with amendments in both the Senate Public Safety, Intergovernmental and Military Affairs Committee and the Senate Labor and Technology Committee. The framing of the measure as a response to the Maui wildfires and to an independent after-action report suggests a strong policy consensus around the need for reform and improved wildfire readiness.
The most notable areas of potential contention are the bill’s centralization of authority and its preemption of weaker county rules. Counties retain some enforcement and the ability to adopt stricter standards, but the state fire marshal would set minimum standards, approve variances, and control exemptions from state administration. Another likely issue is the transfer of the office and state fire council to the Department of Defense, along with exempting top fire marshal positions from civil service and senate confirmation. The defensible space requirements, civil penalties, and the extent of state oversight over local fire code implementation may also draw scrutiny from county governments and stakeholders concerned about local control.