REPORT TITLE:
Fireworks; Designated Areas


DESCRIPTION:
Allows the use of fireworks in designated areas under controlled
conditions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2988
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 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§132D-     Requirements for organizations.  (a)
 
 5 Notwithstanding any provision of this chapter or law to the
 
 6 contrary, an organization may set off, ignite, or discharge any
 
 7 aerial common fireworks, common fireworks, or non-aerial common
 
 8 fireworks in a designated area as provided under this section.
 
 9 For the purposes of this section, "organization" means a club or
 
10 association that qualifies as such under criteria set by rule by
 
11 the department pursuant to chapter 91, and has obtained necessary
 
12 permits under sections 132D-9 and 132D-10 including any
 
13 applicable safety training.
 
14      (b)  An organization may ignite fireworks under subsection
 
15 (a) provided that:
 
16      (1)  The location of the fireworks use is in an assigned
 
17           area designated by the department and in compliance
 
18           with section 132D-5;
 
19      (2)  The organization provides evidence of insurance
 

 
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 1           coverage of at least $1,000,000;
 
 2      (3)  The organization is supervised by a state certified and
 
 3           licensed pyrotechnician and other safety personnel as
 
 4           determined by the department; and
 
 5      (4)  Individual organization members possess a card
 
 6           evidencing completion of a fireworks safety course."
 
 7      SECTION 2.  Section 132D-16, Hawaii Revised Statutes, is
 
 8 amended by amending:
 
 9      1.   Subsection (a) to read as follows:
 
10      "(a)  Any person desiring to set off, ignite, or discharge
 
11 special fireworks for a public display shall apply to, and obtain
 
12 a permit as required by section 132D-7, from the county not less
 
13 than [twenty] seven days before the date of the display[.] or as
 
14 determined by the county fire department."
 
15      2.   Subsection (c) to read as follows:
 
16      "(c)  No permit shall be issued under this section unless
 
17 the applicant presents, at the applicant's option, either:
 
18      (1)  A written certificate of an insurance carrier, which
 
19           has been issued to or for the benefit of the applicant,
 
20           or a policy providing for the payment of damages in the
 
21           amount of not less than [$5,000] $1,000,000 for injury
 
22           [to,] or death of[,] any [one] person[, and subject to
 
23           the foregoing limitation for one person; in the amount
 

 
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 1           of not less than $10,000 for injury to, or death of,
 
 2           two or more persons; and in the amount of not less than
 
 3           $5,000] and for damage to property, caused by reason of
 
 4           the authorized display and arising from any tortious
 
 5           acts or negligence of the permittee, the permittee's
 
 6           agents, employees, or subcontractors.  The certificate
 
 7           shall state that the policy is in full force and effect
 
 8           and will continue to be in full force and effect for
 
 9           not less than ten days after the date of the public
 
10           display; or
 
11      (2)  The bond of a surety company duly authorized to
 
12           transact business within the State, or a bond with not
 
13           less than two individual sureties who together have
 
14           assets in the State equal in value to not less than
 
15           twice the amount of the bond, or a deposit of cash, in
 
16           the amount of not less than $10,000 conditioned upon
 
17           the payment of all damages that may be caused to any
 
18           person or property by reason of the authorized display
 
19           and arising from any tortious acts or negligence of the
 
20           permittee, the permittee's agents, employees, or
 
21           subcontractors.  The security shall continue to be in
 
22           full force and effect for not less than ten days after
 
23           the date of the public display.
 

 
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 1      The county may require coverage in amounts greater than the
 
 2 minimum amounts set forth in paragraph (1) or (2) if deemed
 
 3 necessary or desirable in consideration of such factors as the
 
 4 location and scale of the display, the type of special fireworks
 
 5 to be used, and the number of spectators expected."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________