§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. [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.
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§710-1012 Commentary:
1. H.R.S. §185-8.
Structure Hawaii Revised Statutes
710. Offenses Against Public Administration
710-1000 Definitions of terms in this chapter.
710-1010 Obstructing government operations. §710-1010 Commentary:
710-1010.5 Interference with reporting an emergency or crime.
710-1011 Refusing to aid a law enforcement officer. §710-1011 Commentary:
710-1012 Refusing to assist in fire control. §710-1012 Commentary:
710-1013 Compounding. §710-1013 Commentary:
710-1014 Rendering a false alarm. §710-1014 Commentary:
710-1014.5 Misuse of 911 emergency telephone service.
710-1015 False reporting to law-enforcement authorities. §710-1015 Commentary:
710-1016 Impersonating a public servant. §710-1016 Commentary:
710-1016.5 REPEALED. L 1987, c 130, §2.
710-1016.6 Impersonating a law enforcement officer in the first degree.
710-1016.7 Impersonating a law enforcement officer in the second degree.
710-1017 Tampering with a government record. §710-1017 Commentary:
710-1017.5 Sale or manufacture of deceptive identification document; penalties.
710-1018 Securing the proceeds of an offense. §710-1018 Commentary:
710-1019 Destroying or defacing official notices; penalty.
710-1020 Escape in the first degree.
710-1021 Escape in the second degree. § §710-1020 And 710-1021 Commentary:
710-1022 Promoting prison contraband in the first degree.
710-1023 Promoting prison contraband in the second degree. § §710-1022 And 710-1023 Commentary:
710-1024 Bail jumping in the first degree.
710-1025 Bail jumping in the second degree.
710-1026 Resisting arrest. §710-1026 Commentary:
710-1026.9 Resisting an order to stop a motor vehicle in the first degree.
710-1027 Resisting an order to stop a motor vehicle in the second degree.
710-1028 Hindering prosecution; definition of rendering assistance.
710-1029 Hindering prosecution in the first degree.
710-1030 Hindering prosecution in the second degree. § §710-1028 To 710-1030 Commentary:
710-1031 Intimidating a correctional worker.
710-1040 Bribery. §710-1040 Commentary:
710-1061 False swearing in official matters.
710-1063 Unsworn falsification to authorities. § §710-1060 To 710-1063 Commentary:
710-1064 Retraction. §710-1064 Commentary:
710-1065 Inconsistent statements. §710-1065 Commentary:
710-1066 No prosecution based on previous denial of guilt. §710-1066 Commentary:
710-1067 Corroboration. §710-1067 Commentary:
710-1068 Irregularities no defense. §710-1068 Commentary:
710-1069 Misrepresenting a notarized document in the first degree.
710-1069.5 Misrepresenting a notarized document in the second degree.
710-1070 Bribery of or by a witness. §710-1070 Commentary:
710-1071 Intimidating a witness.
710-1072 Tampering with a witness. §710-1072 Commentary:
710-1072.2 Retaliating against a witness.
710-1072.5 Obstruction of justice.
710-1073 Bribery of or by a juror.
710-1074 Intimidating a juror.
710-1075 Jury tampering. § §710-1073 To 710-1075 Commentary:
710-1075.5 Retaliating against a juror.
710-1076 Tampering with physical evidence. §710-1076 Commentary: