Provides for a statewide ban of consumer fireworks (firecrackers).
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 132D-2, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "consumer fireworks" to read:
""Consumer fireworks" [
(1) Means any fireworks designed
primarily for retail sale to the public [
during authorized dates and times,]
that produces visible or audible effects by combustion, and that is designed to
remain on or near the ground and, 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 includes combination items that contain one or more of these effects. [ "Consumer
fireworks" shall comply with the construction, chemical composition, and
labeling regulations of the United States Consumer Product Safety Commission as
set forth in Title 16 Code of Federal Regulations and fireworks classified as
UN0336 and UN0337 by the United States Department of Transportation as set forth
in Title 49 Code of Federal Regulations. "Consumer fireworks"
(2) Includes firework items commonly known as firecrackers that 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 that emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that 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 that are designed to produce the same or similar effects."
2. By deleting the definition of "cultural".
"Cultural" means relating
to the arts, customs, traditions, mores, and history of all of the various
ethnic groups of Hawaii."]
SECTION 2. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
Use of consumer fireworks[ .], prohibited.
[ Consumer fireworks may be] It shall be unlawful for any person to
set off, [ ignited, discharged,] ignite, discharge, or
otherwise [ caused] cause to explode any consumer fireworks
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 five
thousand individual consumer fireworks commonly known as firecrackers shall be
allowed under each permit]."
SECTION 3. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:
"§132D-5 General prohibitions. (a) It shall be unlawful for any person without a permit issued under section 132D-10 by a county fire department to:
(1) Remove or extract the pyrotechnic contents from any fireworks;
(2) Throw any ignited fireworks:
(A) From, at, or into a vehicle;
(B) At a person or an animal; and
(C) From above the first floor of any building; or
(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks:
(A) Above the first floor of any building;
(B) In any vehicle;
(C) At any time not within the
periods for use prescribed in section 132D-3; (D)] (C) Within one thousand
feet of any operating hospital, licensed convalescent home, licensed home for
the elderly, zoo, licensed animal shelter, or licensed animal hospital;
(E)] (D) In any school building,
or on any school grounds and yards without first obtaining authorization from
appropriate school officials;
(F)] (E) On any highway, alley,
street, sidewalk, or other public way; in any park; on any public beach; in any
officially designated forest or wildlife preserve; within fifty feet of a
canefield; or within one thousand feet of any building used for public worship
during the periods when services are held; and
(G)] (F) Within five hundred
feet of any hotel.
(b) It shall be unlawful to purchase or possess
consumer fireworks [
more than five calendar days before the time periods for
permissible use under section 132D-3.] within the State.
(c) It shall be unlawful to offer, expose
for sale, sell, or furnish consumer fireworks [
after 12:01 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 of July.] to any person within the State. Any person violating
this subsection shall be guilty of a misdemeanor.
(d) Possession of consumer fireworks valued at $50 or more shall be a presumption that such fireworks were intended to be offered or exposed for sale."
SECTION 4. Section 132D-6, Hawaii Revised Statutes, is amended to read as follows:
Exceptions. The prohibitions in section 132D-5 do not apply to:
(1) The use of flares, noisemakers, or signals for
warning, pest control, or illumination purposes by police and fire departments,
utility companies, transportation agencies, and other governmental or private
agencies or persons, including agricultural operations, in connection with
emergencies, their duties, or business; [
(2) The sale or use of blank cartridges for a show or
theater, or for signal, commercial, or institutional purposes in athletics or sports[
(3) Toys or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, provided that they are so constructed that the hand cannot come in contact with the cap when in place for use."
SECTION 5. 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 devices, display fireworks, or articles
, or consumer fireworks] unless the person has a valid
license issued by the county; or
(2) Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this chapter."
SECTION 6. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) It shall be unlawful for any
licensee, 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 to have been previously 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
SECTION 7. Section 132D-8.6, Hawaii Revised 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 devices, [
display fireworks, and 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 shall:
(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 consumer fireworks shall be allowed to sell consumer fireworks commonly
known as firecrackers in a packet size larger than five thousand individual
units. Any person violating this subsection shall be guilty of a misdemeanor. (f)] (e) Any person violating
subsection (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 8. Section 132D-9, Hawaii Revised 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 or its authorized designees and be nontransferable. The county or its
authorized designees 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
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
SECTION 9. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:
"§132D-10 Permits. A permit shall
be required for the purchase and use of[
: (1) Any consumer fireworks commonly known
as firecrackers upon payment of a fee of $25; (2) Any] any aerial devices,
display fireworks, or articles pyrotechnic for the purposes of section 132D-16
upon payment of a fee of $110[ ; and (3) Any consumer fireworks for the purposes
of section 132D-5 or for cultural uses that occur at any time other than during
the periods prescribed in section 132D-3(1) upon a payment of a fee of $25]."
SECTION 10. Section 132D-12, Hawaii Revised Statutes, is amended to read as follows:
"§132D-12 Sale to minors; sale by
minors; prohibited. It shall be unlawful for any person to offer for sale,
sell, or give any fireworks or articles pyrotechnic to minors, and for any
minor to possess, purchase, sell, or set off, ignite, or otherwise cause to
explode any fireworks or articles pyrotechnic[
, except as provided in
SECTION 11. Section 132D-13, Hawaii Revised Statutes, is amended to read as follows:
"§132D-13 Liability of parents or
guardians. The parents, guardian, and other persons having the custody or
control of any minor, who knowingly permit the minor to possess, purchase, or
set off, ignite, or otherwise cause to explode any fireworks or articles
pyrotechnic, shall be deemed to be in violation of this chapter and shall be
subject to the penalties thereunder[
, except that the parents or guardian
may allow the minor to use consumer fireworks while under the immediate
supervision and control of the parent or guardian, or under the supervision and
control of another adult]."
SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 14. This Act shall take effect on July 1, 2009.