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MCC §16.04E.240

Fire safety rules for clearing vegetation around buildings

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This section sets fire safety rules for property owners and occupants. It defines terms like brush and clearance, and requires clearing vegetation near structures, chimneys, and power lines. The fire chief can order more clearing if there is a fire hazard.

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The ordinance, as written (Maui County) — Subsection 10.13.2 amended

A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.

Subsection 10.13.2 of the NFPA 1, as amended by the State Fire Code, is amended to read as follows: 10.13.2 Exterior vegetation. The following definitions apply to this subsection: "Brush" means any plant species that grow naturally in the wild, without human cultivation. "Clearance" means an area where vegetation is maintained at or below 1.5 feet (18 inches) in height. "Fire chief" means the County fire chief or the County fire chiefs designated representative. "Fire hazard" means any situation, process, material, or condition that, on the basis of applicable data, can cause a fire or explosion or that can provide a ready fuel supply to augment the spread or intensity of a fire or explosion, all of which pose a threat to life or property. "Fuel break" means an actively managed area or strip of land where flammable vegetation is reduced or modified at or below 1.5 feet (18 inches) in height to control or diminish the risk of fire spread. "Ornamental shrubbery" means plants that are cultivated and maintained to add beauty to any garden or landscape. "Property" means and includes all land and appurtenances and the buildings, structures, fences, and improvements erected on or affixed to the same; and any fixture which is erected on or affixed to the land, buildings, structures, fences, and improvements, including all machinery and other mechanical or other allied equipment and the foundations: 1. Whose use increases the value to, or is necessary to the utility of the land, buildings, structures, fences, and improvements; or 2. Whose removal cannot be accomplished without substantial damage to the land, buildings, structures, fences, and improvements, excluding, however, any growing crops; or 3. Any and all wind energy conversion property that is used to convert wind energy to a form of usable energy, including, but not limited to, a wind charger, windmill, wind turbine, tower and electrical equipment, pad mount transformers, power lines, and substation, and other components. "Structure" means any building constructed for occupancy or use by people, or for the storage of property. "Vegetation" means plants, including, brush, grasses, grains, hedges, ornamental shrubbery, shrubs, and trees. 10.13.2.1 The fire chief has the authority to order that cut or uncut vegetation be removed, maintained, or cleared when the fire chief determines that the vegetation constitutes a fire hazard. 10.13.2.2 When the size of property or the quantity of vegetation makes other mitigation measures impractical, the fire chief may order that approved fuel breaks be established and maintained. 10.13.2.3 Clearance of vegetation. To mitigate fire hazards, any owner, occupant, or other person having control over a property must at all times: 1. Maintain an effective brush clearance away from any structure as follows: a. Brush greater than 1.5 feet (18 inches) and up to three feet in height must have 30 feet clearance away from structures. b. Brush greater than three feet and up to six feet in height must have 50 feet clearance away from structures. c. Brush greater than six feet and up to nine feet in height must have 75 feet clearance away from structures. d. Brush greater than nine feet in height must have 100 feet clearance away from structures. e. For lots one-half acre or less, if upon inspection violations of a, b, c, or d above are found, brush must be cleared to less than 1.5 feet (18 inches) across the entire lot. EXCEPTION: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers, if they do not form a means of rapidly transmitting fire to any structure. 2. Maintain an effective fuel break on plots of land greater than one-half acre in size that are adjacent to areas containing structures as follows: a. Brush 1.5 feet (18 inches) and up to six feet in height must have 50 feet clearance from structures. Where required by the fire chief, a 50-foot fuel break must be measured from the property line. b. Brush greater than six feet in height must have 100 feet clearance from structures. Where required by the fire chief, a 100-foot fuel break must be measured from the property line. EXCEPTION: Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. 3. Remove portions of trees that extend within 10 feet of the outlet of a chimney. 4. Remove portions of vegetation that extend within five feet of the vertical plane of a structure's roof line. 10.13.2.4 The fire chief has the discretion to designate areas to be cleared of cut or uncut vegetation to establish fuel breaks. 10.13.2.5 Electrical transmission lines. 10.13.2.5.1 Clearance of brush and vegetative growth from electrical transmission and distribution lines must be provided and maintained in accordance with subsection 10.13.10.5. 10.13.2.5.2 A combustible-free space around poles and towers must consist of a clearing of not less than 10 ft (3.05 m) in each direction from the outer circumference of the pole or tower during periods of time as designated by the AHJ. 10.13.2.5.3 Trimming clearance. 10.13.2.5.3.1 At the time of trimming, clearances not less than those established by Table 10.13.2.5.3.1 must be provided. Table 10.13.2.5.3.1 Minimum Clearances Between Vegetation and Electrical Lines at Time of Trimming Minimal Radial Clearance from Conductor Line Voltage Ft m 2,400—72,000 Four 1.2 72,001—110,000 Six 1.8 110,001—300,000 10 3.0 300,001 or more 15 4.6   10.13.2.5.3.2 The radial clearances in Table 10.13.2.5.3.1 are minimum clearances that must be established at time of trimming between the vegetation and the energized conductors and associated live parts. 10.13.2.5.4 Clearances not less than those established by Table 10.13.2.5.4 must be maintained during periods of time as designated by the AHJ. Table 10.13.2.5.4 Minimum Clearances Between Vegetation and Electrical Lines to Be Maintained Minimum Clearance Line Voltage in. mm 750—35,000 Six 152 35,001—60,000 12 305 60,001—115,000 19 483 115,001—230,000 30.5 775 230,001—500,000 115 2,920   10.13.2.5.4.1 The site-specific clearance achieved at the time of pruning, will vary based on species' growth rates, the utility company specific trim cycle, the potential line sway due to wind, line sway due to electrical loading and ambient temperature, and the tree's location in proximity to the high voltage lines. 10.13.2.5.4.2 The AHJ must establish minimum clearances different than those specified by Table 10.13.2.5.4 when evidence substantiating other clearances is submitted to the AHJ and approved. 10.13.2.5.5 Electrical power line emergencies. During emergencies, the utility company must perform the required work to the extent necessary to clear the hazard. 10.13.2.6 Roadways. As considered practicable or necessary by the fire chief in accordance with section 132-6, Hawaiʻi Revised Statutes, areas within 10 ft (3 m) on each side of portions of highways and private streets must be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover as green grass, ivy, succulents, or similar plants used as ground covers will be permitted if they do not form a means of readily transmitting fire. 10.13.2.7 Fire roads, firebreaks, and emergency access. 10.13.2.7.1 Unauthorized vehicles must not be driven on fire roads, fuel breaks, or firebreaks. Vehicles must not be parked in a manner that obstructs the entrance to a fire road, fuel break, or firebreak. ( Ord. No. 5754 , § 3, 2024)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026

Published by the County of Maui through Municode.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.