THIRTY-FIRST LEGISLATURE, 2021
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 many laws have been enacted to regulate the importation, sale, purchase, and use of fireworks to address their disruptive impact as well as the serious safety hazards for persons and property and severe health risks. These laws include the ordinance passed by the city and county of Honolulu in 2010 that banned the importation, storage, sale, possession, and use of nearly all consumer fireworks and Act 248, Session Laws of Hawaii 2019, that made homeowners, renters, or persons otherwise responsible for a real property criminally liable for any aerial devices possessed or ignited on the real property. Despite these laws, fireworks continue to be a significant public nuisance and an ongoing threat to public safety and private property.
The purpose of this Act is to amend the definitions of several types of fireworks to ensure that more fireworks are prohibited or regulated under the law.
SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by amending the definitions of "aerial device", "articles pyrotechnic", "consumer fireworks", "display fireworks", and "fireworks" to read as follows:
""Aerial device" means any
containing one hundred thirty milligrams or less of explosive
materials] that produces an audible or visible effect and is designed to
rise into the air and explode or detonate in the air or to fly about above the
ground[ , and that is prohibited for use by any person who does not have a
permit for display issued by a county under section 132D-16. "Aerial devices" classified as
fireworks under UN0336 and UN0337 by the United States Department of Transportation
as set forth in Title 49 Code of Federal Regulations include firework items commonly known as bottle rockets, sky
rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman
candles, flying pigs, and jumping jacks that move about the ground farther than
a circle with a radius of twelve feet as measured from the point where the item
was placed and ignited, aerial shells, and mines].
pyrotechnic" means pyrotechnic devices for professional use similar to
consumer fireworks in chemical composition and construction but not intended
for consumer use that meet the weight limits for consumer fireworks but are not
labeled as such[
, and that are classified as UN0431 or UN0432 by the United
States Department of Transportation].
"Consumer fireworks" 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. [
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
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.
"Display fireworks" means any
fireworks designed primarily for exhibition display by producing visible or
audible effects [
and classified as display fireworks or contained in the
regulations of the United States Department of Transportation and designated as
UN0333, UN0334, or UN0335, and includes salutes containing more than two grains
(one hundred and thirty milligrams) of explosive materials, aerial shells
containing more than forty grams of pyrotechnic compositions, and other display
pieces which exceed the limits of explosive materials for classification as
"consumer fireworks". This
term also includes fused setpieces containing components, which together exceed
fifty milligrams of salute power. The
use of display fireworks shall be prohibited for use by any person who does not
have a display permit issued by a county].
"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 that meets the
definition of aerial device or consumer or display fireworks as defined by this
and contained in the regulations of the United States Department of
Transportation as set forth in Title 49 Code of Federal Regulations]. The term "fireworks" shall not
include any explosives or pyrotechnics 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 explosive substance."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Amends the definitions of aerial device, articles pyrotechnic, consumer fireworks, display fireworks, and fireworks.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.