HOUSE OF REPRESENTATIVES
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the use of consumer fireworks causes fires and burn injuries, mostly to children. Fireworks produce excessive smoke that makes breathing difficult. Loud fireworks noises traumatize many residents, including war veterans, as well as pets. With the increase in fireworks-related calls, public safety agencies are strained to maintain adequate response levels for other critical emergencies. The legislature further finds that people in the State and its communities deserve to live in peace and security, without the public safety risk and disruptive impact of consumer fireworks.
The purpose of this Act is to limit the use of consumer fireworks by:
(1) Authorizing the sale and use of consumer fireworks only for cultural purposes; and
(2) Discontinuing the authorization of the non-cultural use of consumer fireworks on the three designated holidays, namely New Year's Eve, the Fourth of July, and Chinese New Year's Day.
This Act is not intended to prohibit the use of display fireworks, articles pyrotechnic, and aerial devices by licensed professionals.
SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definitions of "consumer fireworks" and "cultural" to read as follows:
""Consumer fireworks" [
(1) Means any
fireworks designed primarily for retail sale to the public [
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" include];
(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.
event" means an event relating to the arts, customs,
traditions, mores, [ and] history, or religion of [ all] any
of the various ethnic groups of Hawaii."
SECTION 3. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:
Permissible uses] Use of
consumer fireworks[ .]; prohibition; exception for cultural events.
[ 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],
except during cultural events 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 4. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:
"§132D-5 General prohibitions.
It] In addition to
the prohibition under section 132D-3, 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
(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.
It] Except for use at cultural events by permit pursuant to section
132D-10, 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.
It] Except for use at cultural events by permit pursuant to section
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."
SECTION 5. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) 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 [
period under section 132D-3.] cultural event."
SECTION 6. Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:
.] for the purchase and use of fireworks. A permit shall be required for the purchase
and use of:
consumer fireworks [
commonly known as firecrackers] for cultural
events upon payment of a fee of $25[ ;] per permit; and
aerial devices, display fireworks, or articles pyrotechnic for the purposes of
section 132D-16 upon payment of a fee of $110[
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.] per permit."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
State Fire Council Package; Fireworks; Cultural Events; Prohibitions; Exceptions
Imposes a statewide limitation on consumer fireworks, except by permit for cultural events.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.