Haw. Rev. Stat. § 710-1012

Current through the 2024 Legislative Session

Section 710-1012 - Refusing to assist in fire control

(1) A person commits the offense of refusing to assist in fire control when:

(a) Upon a reasonable command by a person known to him to be a firefighter, he intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or

(b) Upon command by a person known to him to be a firefighter or law enforcement officer, he intentionally disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.

(2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires.

(3) Refusing to assist in fire control is a petty misdemeanor.

(4) A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.

HRS § 710-1012

L 1972, c 9, pt of §1; am L 1977, c 191, §2; am L 1983, c 124, §15; am L 2001, c 91, §4 .

COMMENTARY ON § 710-1012

Subsection (1)(a) of this section is intended to place obligations upon the citizen in aiding fire control similar to those which § 710-1011 places upon the citizen with regard to law enforcement. Again, the request for aid need not be obeyed unless it is reasonable under the circumstances.

Subsection (1)(b) is related to the control of crowds and vehicles in the vicinity of a fire, under circumstances where disorderly conduct and riot-dispersal statutes would not apply.

The waiver of civil liability in subsection (4) is explained in the commentary to § 710-1011.

Previous Hawaii law was substantially stricter than the Code in requiring all able-bodied men between 16 and 50 to aid in extinguishing a fire when properly so requested. The section also imposed liability upon one who refused to lend necessary materials to the control of a fire. The available penalty upon conviction was a fine of from $10 to $1,000.[1] The Code more precisely states when aid is expected and what type can be requested.

__________

§ 710-1012 Commentary:

1. H.R.S. § 185-8 .