Report Title:

Relating to fireworks.

Description:

Clarifies certain regulatory provisions of fireworks statutes.

HOUSE OF REPRESENTATIVES

H.B. NO.

707

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

A BILL FOR AN ACT RELATING TO FIREWORKS.

 

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

SECTION 1. The purposes of this bill are to strengthen and close the loopholes that allow for violation of the fireworks law and to conform language relating to fireworks to federal standards.

SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by adding new definitions to be appropriately inserted and to read as follows:

""Arial devices" means any firework containing 130 mg or less of explosive material, which produces an audible or visible effect and which is designed to rise into the air and explode or detonate in the air or to fly about above the ground and which is prohibited for use by any person who does not have a permit for display issued by a county under section 132D-16. "Arial devices" are classified as fireworks UN 0336 and UN 0337 by the United States department of transportation. At 49 CFR and include firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks, which move about the ground farther than inside a circle with a radius of twelve as measured from the point where the item was placed and ignited, Arial shells, and mines.

"Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use which meet the weight limits for consumer fireworks but which are not labeled as such and which are classified as UN 0431 or UN 0432 by the United States Department of Transportation."

SECTION 3. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definitions of "common fireworks", "fireworks", "special fireworks", and "public display permit", to read as follows:

""[Common]Consumer fireworks" means any firework designed primarily for retail sale to the public during [prescribed] authorized dates and times and which produces visible or audible effects [through] by combustion and which is [classified as consumer fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN0336 1.4G.] designed to remain on or near the ground and which , while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks or balls of colored sparks and combination items which contain one or more of these effects. "Consumer fireworks" must comply with the construction, chemical composition and labeling regulations of the United States consumer product safety commission as set forth in Title 16 C.F.R. and fireworks classified as UN 0336 and UN 0337 by the United States Department of Transportation at 49 CFR. "consumer fireworks" include firework items commonly known as fireworks which are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains which emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo canons, whistles, toy smoke devices, wheels, and ground spinners which when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction which are designed to produce the same or similar effects.

"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and [classified as] which meets the definition of aerial devices, articles pyrotechnic,[common] consumer or [special] display fireworks by the [United States Bureau of Explosives or] as defined by this section and contained in the regulations of the United Stats Department of Transportation [and designated as UN 0335 1.3G or UN 0336 1.4G] at 49 CFR. The term "fireworks" shall not include any explosives and pyrothechnics regulated under chapter 396 or automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its or other devices which contain twenty-five hundredths of a grain or less of explosives substance. [The term "fireworks" also shall not include any explosives and pyrotechnics regulated under chapter 396.]

"[Special] Display fireworks" means any firework designed primarily for exhibition display by producing visible or audible effects and classified as [special] display fireworks by the [United States Bureau of Explosives] or contained in the regulations of the United States Department of Transportation and designated as UN 0333, UN 0335 or UN0335 1.3G and includes but is not limited to, salutes containing more than 2 grams (130 mg) of explosive materials, aerial shells containing more than 40 grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosives materials for classification as "consumer fireworks." [and designated as UN0335 1.3G] This term also includes fused set pieces containing components which together exceed 50 mg of salute powder. The use of display fireworks is [and which are] prohibited for use by any person who does not have a display permit issued by a county."

"[Public] Display" means [public] an exhibition and the use of fireworks, articles pyrotechnic or both, for commercial activities (including such activities as movie or television production)."

SECTION 4. Section 132D-2, Hawaii Revised Statutes, is amended by deleting the definitions "aerial common fireworks" and "non-aerial common fireworks".

["Aerial common fireworks" means any firework, classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G, which produces an audible or visible effect and which is designed to rise into the air and explode or detonate in the air or to fly about above the ground and which is prohibited for use by any person who does not have a permit for public display issued by a county under section 132D-16. "Aerial common fireworks" include firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks, which move about the ground farther than inside a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines.]

["Non-aerial common fireworks" means any firework, classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G, which produces an audible or visible effect and which is designed to remain on or near the ground and which, while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks or balls of colored sparks and combination items which contain one or more of these effects. "Non-aerial common fireworks" include firework items commonly known as firecrackers which are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one quarter of an inch in diameter containing a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains which emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo canons, whistles, toy smoke devices, wheels, and ground spinners which when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction which are designed to produce the same or similar effects.]

SECTION 3. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

"§132D-7 License or permit required. A person shall not:

(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial [common fireworks] devices, [special] display fireworks or article pyrotechnic, or [non-aerial common] consumer fireworks, unless the person has a valid license issued by the county;

(2) Possess aerial [common fireworks] devices [or] display fireworks or articles pyrotechnic without a valid license to import, store, or sell aerial [common fireworks] devices, [or special] display fireworks or articles pyrotechnic, or a valid permit as provided for in this chapter; [or]

(3) Purchase [non-aerial common] consumer fireworks with a permit under section 132D-10 more than five calendar days before the applicable time period for use prescribed in section 132D-3 in the county that issued the permit[.]; or

(4) Sell consumer fireworks under section 132D-10 after 12:00 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day and 8:00 p.m. on the Fourth July."

SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks or articles pyrotechnic to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by section 132D-10 or 132D-16. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic sold or transferred. No person shall sell or deliver fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit previously to have been purchased; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3.

(d) Aerial [common fireworks] devices, [special] display fireworks or articles pyrotechnic, [or both,] shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer aerial [common fireworks] devices, [or special] display fireworks, or [both,] articles pyrotechnic to any other person."

SECTION 5. Section 132D-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person desiring to set off, ignite, or discharge aerial [common fireworks] devices, [special] display fireworks or [and] articles pyrotechnic [fireworks, or both,] for a [public] display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display."

SECTION 6. Section 132D-3, Hawaii Revise Statutes, is amended to read as follows:

"§132D-3 Permissible uses of non-aerial [common] consumer fireworks. Non-aerial common fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:

(1) From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);

provided that the purchase of not more than 5,000 individual non-aerial [common] consumer fireworks commonly known as firecrackers shall be allowed under each permit."

SECTION 7. Section 132D-4, Hawaii Revise Statutes, is amended to read as follows:

"§132D-4 Permissible uses of [special] display fireworks and aerial common fireworks. [Special] display fireworks and aerial [common] consumer fireworks may be purchased, set off, ignited, or otherwise caused to explode in the State only if for public display and permitted in writing pursuant to sections 132D-10 and 132D-16."

SECTION 8. Section 132D-8.5, Hawaii Revise Statutes, is amended to read as follows:

"§132D-8.5 Importation of aerial [common fireworks] devices, [special] display fireworks, or articles pyrotechnic [or both,] for [public] display. Aerial [common fireworks] devices, [special] display fireworks, or articles pyrotechnic, [or both,] shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial [common fireworks] devices, [special] display fireworks, or articles pyrotechnic [or both,] for public displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial [common fireworks] device, [special] display fireworks, or articles pyrotechnic [both,] for a six-month inventory."

SECTION 9. Section 132D-8.6, Hawaii Revise Statutes, is amended to read as follows:

"§132D-8.6 Requirements of licensee. (a) Any person who has obtained a license under section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

(1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of aerial [common fireworks] devices, [non-aerial common] consumer fireworks, [and special] display fireworks or articles pyrotechnic to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

(3) Prior to shipment and when booking each shipment of fireworks or articles pyrotechnic, notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(C) Pier to redistribution; and

(4) At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment's landing date.

(b) The fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic.

(c) The facility in which fireworks or articles pyrotechnic are to be stored must:

(1) Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and

(2) Meet all state and county fire and safety codes.

(d) Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

(1) The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;

(2) The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D-7; or

(3) The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of [subsection] (a).

(e) No person holding a retailer license to sell [non-aerial common] consumer fireworks shall be allowed to sell [non-aerial common] consumer fireworks commonly known as firecrackers in a packet size larger than 5,000 individual units. Any person violating this subsection shall be guilty of a misdemeanor.

(f) Any person violating subsections (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

(1) Twenty-five pounds or less gross weight shall be a petty misdemeanor;

(2) Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

(3) Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and

(4) More than ten thousand pounds gross weight shall be a class B felony."

SECTION 10. Section 132D-9, Hawaii Revise Statutes, is amended to read as follows:

"§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county and be nontransferable. The county shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of [non-aerial common] consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."

SECTION 11. Section 132D-10, Hawaii Revise Statutes, is amended to read as follows:

§132D-10 Permits. A permit shall be required for the purchase or use of:

(1) Any [non-aerial common] consumer fireworks commonly known as firecrackers upon payment of a fee of $25; and

(2) Any aerial [common fireworks] devices and any [special] display fireworks or articles pyrotechnic for the purposes of section 132D-16.

§132D-14 Penalty. (a) Any person:

(1) Importing aerial [common fireworks] devices, [or special] display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;

(2) Purchasing, possessing, setting off, igniting, or discharging aerial [common fireworks] devices, or [special] display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial [common fireworks] devices, [or special] display fireworks or articles pyrotechnic without a valid license under section 132D-7:

(A) If the total weight of the aerial [common] fireworks] device or [special] display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or

(B) If the total weight of the aerial [common] consumer fireworks or [special] display fireworks is less than twenty-five pounds, shall be guilty of a misdemeanor.

(3) Who transfers or sells aerial [common fireworks] devices, [or special] display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and

(4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks or articles pyrotechnic or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor.

(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined not more than $2,000 for each violation.

(c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and of the fines collected shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

_____________________________

BY REQUEST