REPORT TITLE:



DESCRIPTION:


 
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                                                        2498
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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.  Chapter 132D, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 4 a new chapter to be appropriately designed and to read as
 
 5 follows:
 
 6      "§   -1 Title.  This chapter shall be known and may be cited
 
 7 as the "Fireworks Control Law of 1999".
 
 8      §   -2 Definitions.  As used in this chapter unless the
 
 9 context requires otherwise:
 
10      "Aerial fireworks" means fireworks designed primarily to
 
11 produce visible or audible effects by combustion, deflagration,
 
12 or detonation.  This term includes, but is not limited to,
 
13 salutes containing more then 50 mg of explosive, aerial shells
 
14 containing more than 40 grams or pyrotechnic composition, and
 
15 other display pieces which exceed the limits of explosives for
 
16 classification as "common fireworks".
 
17      "Common fireworks" means fireworks designed to produce
 
18 visible effects by combustion and which must comply with the
 
19 construction, chemical composition, and labeling regulations of
 

 
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 1 the U. S. Consumer Product Safety commission and designed to
 
 2 produce audible effects containing 50 mg or less of explosive
 
 3 materials.
 
 4      "Fireworks" means any combustible or device designed to
 
 5 produce a visible or an audible effect by combustion,
 
 6 deflagration, or detonation, and which meets the definition of
 
 7 aerial fireworks and common fireworks.  The term "fireworks" also
 
 8 shall not include any explosives and pyrotechnics regulated under
 
 9 chapter 396.
 
10      "Public display permit" means a nontransferable, formal
 
11 authorization, to ignite and set off aerial fireworks.
 
12      "Religious/Cultural" means that occasion when the use of
 
13 fireworks is a part of an expression of religious/cultural
 
14 freedom, including, but not limited to, funerals or the
 
15 observance of Ching Ming, Moon Festival Day, Chinese New Year,
 
16 and days dedicated to patron saints and deities.
 
17      "Sales permit" means a nontransferable, formal authorization
 
18 to sell fireworks in the State.
 
19      "Special fireworks permit" means a nontransferable, formal
 
20 authorization, to ignite and set off common fireworks.
 
21      §   -3 General prohibitions.  It shall be unlawful for any
 
22 person without a permit to sell, posses, use, ignite, set off, or
 
23 otherwise cause to explode any fireworks in the State.
 

 
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 1      §   -4 Exceptions.  The prohibitions in section    -3 do not
 
 2 apply to the following:
 
 3      (1)  An individual or organization has been issued a public
 
 4           display permit by the county for the use of aerial
 
 5           fireworks.
 
 6      (2)  An individual or organization has been issued a special
 
 7           fireworks permit to purchase, use, ignite, set off, or
 
 8           otherwise cause to explode fireworks issued by the
 
 9           county for cultural or religious reasons.
 
10      §   -5 Permits.  (a)  Any county is empowered to issue
 
11 permits under this section.  A permit shall be required for the
 
12 purchase, setting off, ignition, or discharge or any aerial
 
13 common fireworks, common fireworks, and non-aerial common
 
14 fireworks under all circumstances and at any time except that an
 
15 individual issued a public display permit needs to possess a
 
16 valid certificate of fitness for public display of fireworks at
 
17 the time of the public permit application.
 
18      (b)  The public display permit and the special fireworks
 
19 permit shall be for a specific event, time, and date.  The sales
 
20 permit shall be issued on an annual basis.
 
21      §   -6 Fee.  The fee for a public display permit shall be
 
22 $100, the fee for a special fireworks permit shall be $250, and
 
23 the sales permit shall be $1,000.  Permit shall be issued prior
 

 
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 1 to the activity identified in the specific permit. Check shall be
 
 2 made payable to the county issuing the permit.
 
 3      §   -7 Rules.  The county shall adopt rules pursuant to
 
 4 chapter 91 to carry out the purposes of this chapter, including,
 
 5 but not limited to different classes or permits for matters
 
 6 concerning aerial common fireworks, common fireworks, fireworks,
 
 7 and non-aerial common fireworks.
 
 8      §   -8 Penalty.  Any person in violation of section    -3
 
 9 shall be guilty of a Class "C" felony."
 
10      SECTION 3.  New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect upon its approval. 
 
12 
 
13                           INTRODUCED BY:  _______________________
 

 
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