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Irregular Safety Inspections Found as Building Fires Rise in Hawaii

An Investigative Report | February 2024

The scent of plumeria and the sound of crashing waves are the postcard images of Hawaii, but a more alarming scent has begun to permeate the islands: the acrid smell of smoke from structure fires. As the state grapples with a rising number of building fires, a disturbing pattern of systemic failure is emerging from the ashes. An in-depth investigation reveals that the state-mandated safety inspections for hotels, apartments, and other accommodations are being carried out inconsistently, if at all, by county fire departments. This breakdown in the first line of defense has created a tinderbox of risk, tragically highlighted by recent fatal fires in Hilo, where lives were lost in buildings that had slipped through the cracks of a fractured inspection regime.

1. A System in Disarray: The Patchwork of Enforcement

Hawaii’s fire safety inspection system is not a monolithic state-run program but a delegated responsibility, creating a fundamental vulnerability. The state fire code mandates annual inspections for hotels, condominiums, apartments, and other places of public accommodation. However, the execution of these inspections is left to the four individual county fire departments (Honolulu, Maui, Kauai, and Hawaii). This decentralization has led to a patchwork of enforcement with no centralized oversight or accountability, resulting in wild inconsistencies from one island to the next.

The Honolulu Exception

Honolulu County, encompassing Oahu, operates the only inspection program that comes close to meeting the annual mandate. With a dedicated team, they conduct thousands of inspections yearly. Yet, even here, backlogs exist, and the sheer volume of properties poses a challenge. The other counties present a grimmer picture.

Neighbor Island Neglect

On Maui, Kauai, and Hawaii Island, the story is starkly different. Investigations show these departments conduct inspections only on a complaint-driven basis or when a new business applies for a permit. The proactive, preventative annual inspection is largely a myth. For example, Hawaii County Fire Department officials have admitted they lack the personnel to perform annual checks on the thousands of properties under their jurisdiction, effectively leaving building safety to chance and landlord goodwill.

“The state law sets the requirement, but the counties are left holding the bag without the necessary resources or directives to fulfill it. It’s a classic unfunded mandate that has morphed into a public safety crisis,” notes a former state fire marshal who requested anonymity due to ongoing litigation.

2. The Human Cost: Fatal Fires Expose the Cracks

The abstract failure of a system becomes horrifically concrete in the wake of tragedy. In October and November of last year, two structure fires in downtown Hilo claimed three lives, serving as a devastating case study.

• The Hilo Hotel Fire: One fire erupted in a downtown hotel, a property that by law should have undergone rigorous, regular inspection. Investigations post-blaze revealed a history of missed inspections and potential code violations that may have contributed to the fire’s spread and lethality.
• The Illegal Conversion Fire: The second fatal fire occurred in a factory building that had been illegally converted into residential rentals. This property existed entirely outside the inspection system, a shadow housing unit that escaped any official scrutiny. Its existence points to a broader failure of inter-agency communication and code enforcement beyond just the fire department.

These were not isolated incidents. Statewide data indicates a marked upward trend in structure fires in recent years, particularly in older building stock and in areas with known inspection deficiencies. Each fire represents a potential loss of life, displacement of families, and millions in property damage—losses a functioning inspection system is designed to prevent.

3. The Root Causes: Why Inspections Are Falling Through

Multiple, intertwined factors have led to the collapse of consistent fire inspections across the counties. It is a crisis born of neglect, resource scarcity, and bureaucratic inertia.

Chronic Understaffing and Underfunding

County fire departments are perennially stretched thin, prioritizing emergency response over preventative measures. Inspection units are often the first to see budget cuts or staffing shortages. “When you have to choose between putting an engine company on the street or an inspector in an office, the immediate emergency always wins,” explains a Kauai County fire captain. This creates a vicious cycle where the lack of prevention leads to more emergencies, further straining resources.

Lack of State-Level Oversight and Consequences

The State of Hawaii mandates the inspections but has established no mechanism to audit county compliance or enforce the mandate. There is no centralized database tracking which properties have been inspected, when, and what violations were found. This accountability vacuum means counties face no repercussions for non-compliance, allowing the practice to languish indefinitely.

The “Complaint-Driven” Trap

Shifting to a complaint-based model, as most neighbor islands have, is a profound failure of policy. It assumes tenants or the public will recognize and report hidden hazards like faulty wiring, blocked exits, or malfunctioning fire alarms. This model places the burden of fire safety enforcement on untrained civilians, many of whom may fear eviction or retaliation if they complain.

4. The Insurance Implications: Rising Risk and Retreating Coverage

The breakdown in fire safety inspections has not gone unnoticed in the insurance industry, which operates on the fundamental calculus of risk. Actuaries and underwriters are keenly aware of the inspection deficit, and it is directly impacting the availability and cost of property insurance across Hawaii.

• Premiums and Underwriting: Properties in counties with known inspection gaps are increasingly seen as higher risk. Insurers may demand steep premium increases, require costly independent inspections, or impose specific risk mitigation endorsements as a condition of coverage.
• The Commercial Coverage Crunch: Hotels, apartment complexes, and other commercial accommodations are facing the sharpest scrutiny. An insurer discovering that a hotel has not had a state-mandated fire inspection in five years may non-renew the policy, leaving the business in a dangerous and financially precarious position.
• Contribution to Market Hardening: This localized issue exacerbates the broader hard insurance market affecting Hawaii due to hurricane and wildfire risks. The cumulative effect is a shrinking insurance pool and higher costs for everyone, as carriers reassess their overall exposure in the state.

“From an underwriting perspective, a lack of regular fire inspections is a massive red flag. It tells us the property owner may not be engaged in proactive risk management, and the local jurisdiction isn’t enforcing basic safety standards. That significantly elevates the probable maximum loss in a fire scenario,” says Michael Tanoue, a veteran property insurance underwriter with a major carrier.

5. The Legal and Liability Quagmire

When fires occur in uninspected buildings, the aftermath extends into complex legal battles. The inconsistent application of the fire code opens a Pandora’s box of liability questions.

Victims and their families are increasingly filing suits not only against property owners but also against county governments for their failure to enforce the mandated inspection codes. This concept of “governmental liability” hinges on whether the county’s inaction was a discretionary policy decision (which may be protected) or a “ministerial” duty (which is required by law). The ambiguity itself is a costly legal battlefield.

Furthermore, property owners and their insurers may face subrogation claims from neighboring properties or victims’ insurers. If it can be shown that a county’s failure to identify and mandate the correction of a hazard contributed to a fire’s spread, the county could be drawn into these suits, exposing taxpayers to significant financial risk.

6. Pathways to a Solution: Rebuilding a Culture of Prevention

Reversing this dangerous trend requires a multi-pronged, committed effort from state and county leaders, the fire service, and the community. A return to a culture of fire prevention is essential. Potential solutions include:

State-Level Reform and Resource Allocation

The state must move beyond simply mandating inspections. It must either:

• Create and fund a dedicated state inspection unit to handle high-risk properties across all counties, or
• Provide targeted grants and funding to counties specifically to bolster their inspection divisions, tied to strict performance metrics and audits.
• Develop a unified, transparent database of all inspected properties and their status, accessible to the public and insurers.

Leveraging Technology and Alternative Models

Counties can adopt technology to do more with less. This includes using remote video inspections for routine checks, implementing risk-based inspection scheduling that prioritizes older buildings and known problem properties, and exploring third-party, certified inspection programs (similar to elevator inspections) where owners hire qualified inspectors and file reports with the county for verification.

Community Empowerment and Inter-Agency Cooperation

Fire departments must work more closely with planning, permitting, and housing agencies to identify illegal conversions and unpermitted work. Public education campaigns can empower tenants to recognize and report hazards, with strong whistleblower protections. A simple, anonymous online reporting portal could significantly enhance the complaint-driven system while it is reformed.

Key Takeaways

The crisis of irregular fire safety inspections in Hawaii is a clear and present danger with far-reaching consequences.

• Systemic Failure: The state-mandated annual fire inspection system is inconsistently enforced, with most counties conducting inspections only on a complaint basis, creating a patchwork of risk.
• Deadly Consequences: This failure has contributed to fatal fires, as seen in Hilo, where both a hotel and an illegal conversion—neither properly inspected—became death traps.
• Resource Crisis: County fire departments are chronically understaffed and underfunded for preventative work, and the state provides no oversight or enforcement of its own mandate.
• Insurance Impact: The insurance industry is factoring this elevated risk into premiums and coverage decisions, exacerbating Hawaii’s already challenging insurance market.
• Legal Liability: The inspection gap exposes property owners, insurers, and county governments to complex and costly litigation in the event of a fire.
• Solvable Problem: Solutions exist, requiring political will, resource allocation, technological adoption, and improved inter-agency cooperation to rebuild a functional prevention system.

Final Thoughts

The rising toll of building fires in Hawaii is not an act of nature like a hurricane or lava flow; it is a man-made disaster fueled by bureaucratic neglect and a misplaced prioritization of emergency response over prevention. The tragic deaths in Hilo are a direct indictment of a system that has quietly failed. For decades, the lack of catastrophic, multi-fatality fires in high-rises or large hotels may have bred complacency. That illusion of safety has now been shattered.

Addressing this issue demands more than tinkering at the edges. It requires a fundamental recommitment to the principle that fire safety is a non-negotiable public good, enforced by law and supported by adequate resources. The cost of inaction is measured not just in dollars lost to flames or rising insurance premiums, but in lives that could have—and should have—been saved. The people of Hawaii deserve a safety net that doesn’t have holes burned through it. It is past time for state and county leaders to mend it.

About the Author

Alex Turner

Alex is a science and technology writer with a background in computer science. He makes complex tech topics accessible and engaging for everyday readers.

24 articles published