REPORT TITLE:
Fireworks

DESCRIPTION: 
Prohibits the sale and use of aerial common fireworks.  Makes it
a class C felony to sell aerial common fireworks.  Prohibits the
use of non-aerial common fireworks under all circumstances and at
any time except for religious or cultural purposes.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.           670
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO FIREWORKS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5       -1 Definitions.  As used in this chapter unless the
 
 6 context requires otherwise:
 
 7      "Aerial common fireworks" mean common fireworks that are
 
 8 designed to rise into the air and explode or detonate in the air
 
 9 or to fly about above the ground.
 
10      "Common fireworks" mean explosive devices:
 
11      (1)  Designed primarily to produce visible or audible
 
12           effects by combustion, deflagaration, or detonation;
 
13           and
 
14      (2)  Classified as division 1.4G explosives by regulation of
 
15           the United States Department of Transportation.
 
16      "Department" means the state fire council.
 
17      "Fireworks" include common fireworks and special fireworks.
 
18 The term "fireworks" shall not include:
 
19      (1)  Automotive safety flares;
 

 
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 1      (2)  Toy pistols, toy cannons, toy guns, party poppers, pop-
 
 2           its, or other devices containing twenty-five hundredths
 
 3           of a grain or less of explosives substance; or
 
 4      (3)  Any explosives and pyrotechnics regulated under chapter
 
 5           396.
 
 6      "Non-aerial common fireworks" mean common fireworks that are
 
 7 designed to remain on or near the ground, and while stationary or
 
 8 spinning rapidly on or near the ground, emit smoke, a shower of
 
 9 colored sparks, whistling effects, flitter sparks, or balls of
 
10 colored sparks, and combination items that contain one or more of
 
11 these effects.
 
12      "Special fireworks" mean explosive devices:
 
13      (1)  Designed primarily to produce visible or audible
 
14           effects by combustion, deflagration, or detonation;
 
15      (2)  Designed primarily for exhibition display; and
 
16      (3)  Classified as division 1.3G explosives by regulation of
 
17           the United States Department of Transportation.
 
18         -2 General prohibition of fireworks; exceptions.(a)
 
19 Fireworks shall not be set off, ignited, discharged, or otherwise
 
20 caused to explode within the State unless specifically allowed by
 
21 this chapter.
 
22      (b)  Subsection (a) shall not apply to:
 

 
 
 
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                                     H.B. NO.           670
                                                        
                                                        

 
 1      (1)  The use of flares, noisemakers, or signals for warning,
 
 2           pest control, or illumination purposes by police and
 
 3           fire departments, utility companies, transportation
 
 4           agencies, and other governmental or private agencies or
 
 5           persons, including agricultural operations, in
 
 6           connection with emergencies, their duties, or business;
 
 7      (2)  The sale or use of blank cartridges for a show or
 
 8           theater, or for signal, commercial, or institutional
 
 9           purposes in athletics or sports; or
 
10      (3)  The possession, storage, sale, or use of explosives and
 
11           combustibles in accordance with chapter 396.
 
12         -3  Permissible uses.(a)  Special fireworks and aerial
 
13 common fireworks may be purchased, set off, ignited, or otherwise
 
14 caused to explode in the State for display purposes only pursuant
 
15 to a permit as set forth in section    -5.
 
16      (b)  Non-aerial common fireworks may be purchased, set off,
 
17 ignited, or otherwise caused to explode in the State for cultural
 
18 or religious purposes only pursuant to a permit as set forth in
 
19 section    -5.
 
20         -4 License required; fees.(a)  It shall be unlawful
 
21 for any person to:
 
22      (1)  Import any fireworks into the State;
 
23      (2)  Store; or
 

 
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 1      (3)  Offer to sell or sell, at wholesale or retail,
 
 2 any fireworks, unless the person has a valid license issued by
 
 3 the department.  
 
 4      (b)  The fee for the license shall not exceed $    for each
 
 5 year or fraction of a year in which the licensee plans to conduct
 
 6 business and shall be payable to the department.
 
 7         -5 Permit required, fees.(a) It shall be unlawful for
 
 8 any person to set off, ignite, or discharge fireworks at any time
 
 9 unless the person has a valid permit issued by the county in
 
10 which the permitted activity is to occur.  
 
11      (b)  The fee for the permit shall not exceed $    for each
 
12 year or fraction of a year in which the permittee plans to
 
13 conduct business and shall be payable to the county in which the
 
14 permitted activity is to occur.
 
15       -6 Application for license.(a)  The license required
 
16 under section    -4 shall be issued by the department and shall
 
17 be nontransferable.  The license shall specify the date of
 
18 issuance and the date of expiration, which shall be March 31 of
 
19 each year.  The application shall be made on a form setting
 
20 forth:
 
21      (1)  The date upon which the importations are to begin;
 
22      (2)  The address of the location of the importer; and
 

 
 
 
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 1      (3)  The name of the proprietor or, if a partnership, the
 
 2           name of the partnership and the names of all partners
 
 3           or, if a corporation, the name of the corporation and
 
 4           the names of its officers.
 
 5      (b)  Each storage, wholesaling, and retailing site shall be
 
 6 required to obtain a separate license.  The license shall specify
 
 7 the date of issuance and the date of expiration, which shall be
 
 8 March 31 of each year.  The application shall be made on a form
 
 9 setting forth:
 
10      (1)  The date upon which the storage, sale or offers for
 
11           sale are to begin;
 
12      (2)  The address of the location of the licensee; and
 
13      (3)  The name of the proprietor or, if a partnership, the
 
14           name of the partnership and the names of all partners
 
15           or, if a corporation, the name of the corporation and
 
16           the name of its officers.
 
17      (c)  Any license issued pursuant to this chapter may be
 
18 revoked by the department if the licensee violates any provision
 
19 of this chapter or if the licensee stores or handles the
 
20 fireworks in such a manner as to present an unreasonable safety
 
21 hazard.
 
22      (d)  It shall be unlawful for any person, other than a
 
23 wholesaler who is selling or transferring fireworks to a licensed
 

 
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                                     H.B. NO.           670
                                                        
                                                        

 
 1 retailer, to sell or offer to sell any fireworks to any person
 
 2 who does not present a permit duly issued as required by section
 
 3    -5.  The permit shall be signed by the seller or transferor at
 
 4 the time of sale or transfer of the fireworks, and the seller or
 
 5 transferor shall indicate on the permit the amount and type of
 
 6 fireworks sold or transferred.  No person shall sell or deliver
 
 7 fireworks to any permittee in any amount in excess of the amount
 
 8 specified in the permit, less the amount shown on the permit
 
 9 previously to have been purchased.
 
10      (e)  Any license issued pursuant to this chapter shall be
 
11 prominently displayed in public view at each licensed location. 
 
12       -7 Application for permit.(a)  Any permit required
 
13 under section    -5 shall be issued by the county and be
 
14 nontransferable.  The county shall issue permits for which
 
15 complete applications have been submitted and that contain only
 
16 correct information.  The permit shall specify the date of
 
17 issuance and the date of expiration but in no case for a period
 
18 to exceed one year.  The application shall be made on a form
 
19 setting forth:
 
20      (1)  The dates for which the permit shall be valid;
 
21      (2)  The location where the permitted activity is to occur;
 
22           and
 

 
 
 
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                                     H.B. NO.           670
                                                        
                                                        

 
 1      (3)  The name of the proprietor or, if a partnership, the
 
 2           name of the partnership and the names of all partners
 
 3           or, if a corporation, the name of the corporation and
 
 4           the names of its officers.
 
 5      (b)  The permit application may be denied if the proposed
 
 6 use of fireworks presents a substantial inconvenience to the
 
 7 public or presents an unreasonable fire or safety hazard.
 
 8      (c)  Any permit issued pursuant to this chapter shall be
 
 9 prominently displayed in public view at the site.
 
10         -8 Sale to minor; liability of parents or guardians.
 
11 (a)  It shall be unlawful for any person to offer for sale, sell,
 
12 or give any fireworks to minors, and for any minor to possess,
 
13 purchase, or set off, ignite, or otherwise cause to explode any
 
14 fireworks.
 
15      (b)  The parents, guardian, and other persons having the
 
16 custody or control of any minor, who knowingly permit the minor
 
17 to possess, purchase, set off, ignite, or otherwise cause to
 
18 explode any fireworks, shall be deemed to be in violation of this
 
19 chapter and shall be subject to the penalties thereunder,
 
20 provided that:
 
21      (1)  The parents or guardian may allow the minor to use
 
22           fireworks while under the immediate supervision and
 
23           control of the parent or guardian, or under the
 
24           supervision and control of another adult; and
 

 
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                                     H.B. NO.           670
                                                        
                                                        

 
 1      (2)  The parents, guardian, or other person having control
 
 2           of the minor holds a permit allowing the use of
 
 3           fireworks.
 
 4         -9 Penalty.(a)  Any person importing fireworks into
 
 5 the State without first having obtained a license as required by
 
 6 section    -4 shall be guilty of a class C felony.
 
 7      (b)  Except as provided in subsection (a), any person
 
 8 violating any other provision of this chapter, shall be guilty of
 
 9 a petty misdemeanor.
 
10       -10  Rules.  The department shall adopt rules pursuant
 
11 to chapter 91 to carry out the purposes of this chapter.
 
12       -11  Enforcement.  This chapter shall be enforced by the
 
13 department and agencies designated by the agencies.  The counties
 
14 shall enforce and administer the provisions of this chapter."
 
15      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
16 repealed.
 
17 
 
18                           INTRODUCED BY:  _______________________