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The Honolulu Advertiser
Posted on: Thursday, August 24, 2006

O'ahu brushfire total plummets 40 percent

By Peter Boylan
Advertiser Staff Writer

FIGHTING FIRE WITH NEW LAWS

A look at the new arson and brushfire laws enacted this year:

One new law created four degrees of arson violations:

First- through third-degree arson requires authorities to prove the suspect either put a person in danger of death or bodily injury, or recklessly damaged another person's property.

For a first-degree charge, damage must exceed $20,000; second-degree, $1,500; and third-degree, $500 or more.

Prison terms range from 20 years for first-degree arson to five for third-degree. Fines are up to $50,000.

Fourth-degree arson is a misdemeanor, a level of charge that normally carries penalties of up to a year in jail and fines of up to $2,000.

Fourth-degree arson requires police and prosecutors to prove the person intentionally or knowingly set fire to property. No dollar amount is specified for damages.

Brushfire law:

A person convicted of lighting brushfires that burn at least 10,000 square feet of property are required to pay the costs of extinguishing the fire and to perform community service in the area damaged.

If the person is a minor, the parents may be required to pay.

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NOTABLE 2005 BRUSHFIRES

  • In June, July and August of last year, fires exceeding 1,100 acres burned in the Wai'anae Valley, and smaller fires dotted the landscape in Wai'anae, Ma'ili and Lualualei.

  • An intentionally set fire in early July burned 1,800 acres in Nanakuli; a second fire in August, possibly caused by arcing wires, burned 2,850 acres. Both Nanakuli fires, like the large Wai'anae blazes, threatened homes and created dangerous conditions for firefighters.

  • A fire that burned 200 acres in Kipapa Gulch in August sent smoke into the Royal Kunia, Village Park and Waikele communities.

  • More than 125 acres burned in a fire set in Honokai Hale and Ko Olina on Aug. 6. Flames came within a few feet of homes and sent up a plume of gray smoke that was visible as far away as Pearl City.

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    The number of brushfires on O'ahu this summer has decreased almost 40 percent from last year — a dramatic improvement that's being attributed to tougher laws, targeted enforcement and education campaigns.

    Through yesterday, Honolulu firefighters had battled 466 brushfires this year, compared with 749 at this time in 2005 and 441 during the same period in 2004.

    If this year's pace stays steady through December, Honolulu won't come close to last year's total of 992 fires.

    Honolulu police and residents attribute the drop-off to increased community awareness, additional police patrols and a pair of new laws. The laws essentially created the criminal offense of arson and made it easier to prosecute people accused of setting brushfires.

    "Police have been more visible, and the new law in place has really made a difference, especially for Wai'anae where we have a lot of open land and valleys," said Patty Teruya, chairwoman of the Wai'anae Neighborhood Board.

    Teruya remembers a 2,000-acre fire that scorched Nanakuli Valley last year and came within yards of her back door.

    She lauded the efforts of police and firefighters.

    "It's a relief for residents like me and the community," she said. "I know last year I had an incident right behind my house and it's a terrifying experience, but we're sleeping soundly now."

    Firefighters have attended Neighborhood Board meetings and visited schools along the Leeward Coast, in Central O'ahu and in other areas of the island where large swaths of brush provide ample fuel for firebugs.

    The message: Brushfires jeopardize lives, waste significant taxpayer-funded resources and hurt the environment.

    Many of the fires last year burned on the Leeward Coast, and residents said they are glad that smoke, flames and snarled traffic have not been as big a problem this summer.

    "Last year was an unusually high year," said Honolulu Fire Department Capt. Kenison Tejada, adding that it's too early to say whether this year's brushfire total will be lower than last year's. "We're encouraging people to stay aware because it's not time to let their guard down yet."

    THREAT TO 'AINA

    William Aila Jr. is a Hawaiian activist who has advocated for ways to reduce the fires on the Wai'anae Coast because they hurt the ecosystem.

    "The bills pushed through are certainly having an impact on the (adults), who would be held more accountable if they were caught," said Aila, who is also Wai'anae harbormaster and Democratic candidate for governor. "And the community is doing a good job of calling in suspicious activity and going out and questioning people in areas where fires are common.

    "Every time we have a fire and then a rain, all that soot washes down into the ocean and covers up the reef. There is a greater understanding among everyone that what happens on the mountain impacts down in the ocean."

    HOT-SPOT WATCH

    Police Maj. Mike Tamashiro, head of Honolulu Police Department's District 8, which includes the 'Ewa plains and the Leeward Coast, said the department directed officers specifically to monitor brushfire danger spots.

    "My officers have been very diligent in their daily patrols of 'hot spots' or areas susceptible to fire," he said "We encourage them to check these areas as part of their daily duties, and I think these patrols have contributed to the decrease."

    District 8 patrol officers made 10 brushfire-related arrests last year, but none so far this year.

    Last year, Police Chief Boisse Correa, working with the Honolulu Fire Department, formed a task force made up of fire investigators, patrol officers in three districts susceptible to brushfires, and arson detectives with the department's criminal investigation division.

    The task force, which was reconvened at the start of this summer, shares information, discusses trends and develops strategies to combat the problem.

    ARSON ON THE BOOKS

    Tamashiro also lauded two laws that went into effect July 1. One establishes the criminal offense of arson in various degrees, increases penalties and makes it a felony to deliberately set brushfires.

    The second includes a provision requiring parents to pay the cost of fighting fires set by their children.

    Previously, prosecutors have said, it was difficult to go after people who started brushfires because the law required the property burned to have some value, which brush does not.

    Reach Peter Boylan at pboylan@honoluluadvertiser.com.

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