REPORT TITLE: 
Fireworks
DESCRIPTION:
Bans the retail sale of fireworks to individuals.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.918        
TWENTIETH LEGISLATURE, 1999                                
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.  Section 132D-2, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "common fireworks" to read:
 
 3      ""Common fireworks" means any firework designed [primarily
 
 4 for retail sale to the public during prescribed dates and which
 
 5 produces] to produce visible or audible effects through
 
 6 combustion and which is classified as common fireworks by the
 
 7 United States Bureau of Explosives or contained in the
 
 8 regulations of the United States Department of Transportation and
 
 9 designated as UN 0336 1.4G."
 
10      SECTION 2.  Section 123D-3, Hawaii Revised Statutes, is
 
11 amended to read:
 
12      "[§132D-3]  Permissible uses of non-aerial common fireworks.
 
13 Non-aerial common fireworks may be set off, ignited, discharged,
 
14 or otherwise caused to explode within certain designated areas of
 
15 the State only:
 
16      (1)  From 9:00 p.m. on [New Year's Eve to 1:00 a.m. on New
 
17           Year's Day; from 9:00 p.m.] Chinese New Year's Eve to
 
18           1:00 a.m. Chinese New Year's Day; [and from 9:00 p.m.
 
19           on the Fourth of July to 1:00 a.m. on July 5;] or
 

 
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 1      (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit
 
 2           pursuant to section 132D-10 if the proposed use is for
 
 3           cultural purposes and is to occur at any time other
 
 4           than during the period[s] prescribed in paragraph (1)."
 
 5      SECTION 3.  Section 132D-4, Hawaii Revised Statutes, is
 
 6 amended to read:
 
 7      "§132D-4]  Permissible uses of special and aerial common
 
 8 fireworks.  Special and aerial common fireworks may be purchased,
 
 9 set off, ignited, or otherwise caused to explode [in] within
 
10 certain designated areas of the State in accordance with section
 
11 132D-3 only if permitted in writing pursuant to section 132D-10."
 
12      SECTION 4,  Section 123D-5, Hawaii Revised Statutes, is
 
13 amended to read:
 
14      "[§132D-5]  General prohibitions.  It shall be unlawful for
 
15 any person [without a permit] to:
 
16      (1)  Remove or extract the pyrotechnic contents from any
 
17           fireworks or use any component thereof to create a bomb
 
18           or explosive or incendiary device;
 
19      (2)  Throw any ignited fireworks from a moving vehicle; or
 
20      (3)  Set off, ignite, discharge, or otherwise cause to
 
21           explode any fireworks:
 
22           (A)  At any time [not within the periods for use]
 
23                except as prescribed in section 132D-3[, unless]
 

 
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 1                and permitted pursuant to section 132D-10;
 
 2           (B)  Within one thousand feet from any operating
 
 3                hospital, convalescent home, home for the elderly,
 
 4                or animal hospital;
 
 5           (C)  In any school building, or on any school grounds
 
 6                and yards without first obtaining authorization
 
 7                from appropriate school officials;
 
 8           (D)  On any highway, alley, street, sidewalk, or other
 
 9                public way; in any park; within fifty feet from a
 
10                canefield; or within one thousand feet from any
 
11                building used for public worship during the
 
12                periods when services are held; except as may be
 
13                permitted pursuant to section 132D-10; and
 
14           (E)  Within five hundred feet from any hotel." 
 
15      SECTION 5.  Section 132D-7, Hawaii Revised Statutes, is
 
16 amended to read:
 
17      "[§132D-7]  License or permit required.(a)  It shall be
 
18 unlawful for any person to import any fireworks into the State,
 
19 to store, offer to sell or sell, at wholesale or retail any
 
20 fireworks, unless the person has a valid license issued by the
 
21 [department] county.
 
22      (b)  It shall be unlawful for any person to possess, set
 
23 off, ignite or discharge aerial common or special fireworks at
 

 
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 1 any time or to set off, ignite or discharge non-aerial common
 
 2 fireworks at any time other than the periods for use prescribed
 
 3 in section 132D-3(1) in any county unless the person has a valid
 
 4 permit issued by the county in which the permitted activity is to
 
 5 occur."
 
 6      SECTION 6.  Section 132D-8, Hawaii Revised Statutes, is
 
 7 amended to read:
 
 8      "[§132D-8]  Application for license.(a)  The license
 
 9 required under section 132D-7 shall be issued by the department
 
10 and shall be nontransferable.  The license shall specify the date
 
11 of issuance or effect and the date of expiration, which shall be
 
12 March 31 of each year.  The application shall be made on a form
 
13 setting forth the date upon which the importations are to begin,
 
14 the address of the location of the importer, and the name of the
 
15 proprietor or, if a partnership, the name of the partnership and
 
16 the names of all partners or, if a corporation, the name of the
 
17 corporation and the names of its officers.
 
18      (b)  Each storage, wholesaling and retailing site shall be
 
19 required to obtain a separate license.  The license shall specify
 
20 the date of issuance or effect and the date of expiration, which
 
21 shall be March 31 of each year.  The application shall be made on
 
22 a form setting forth the date upon which the storage, sale or
 
23 offers for sale are to begin, the address of the location of the
 

 
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 1 licensee, and the name of the proprietor, or, if a partnership,
 
 2 the name of the partnership and the names of all partners or, if
 
 3 a corporation, the name of the corporation and the name of its
 
 4 officers.  Any license issued pursuant to this chapter may be
 
 5 revoked by the department if the licensee violates any provision
 
 6 of this chapter or if the licensee stores or handles the
 
 7 fireworks in such a manner as to present an unreasonable safety
 
 8 hazard.
 
 9      (c)  It shall be unlawful for any person, other than a
 
10 wholesaler who is selling or transferring fireworks to a licensed
 
11 retailer, to sell or offer to sell any fireworks:
 
12      (1)  More than seven calendar days prior to the designated
 
13           period for use as described in section 132D-3(1)[;
 
14      (2)  At other than the designated periods for use set forth
 
15           in section 132D-3(1)], unless the purchaser presents a
 
16           valid permit; or
 
17      [(3)](2)  [At any other time, and w]Whenever the sale of
 
18                special fireworks is involved, to any person who
 
19                does not present a permit duly issued as required
 
20                by section 132D-7.  The permit shall be signed by
 
21                the seller or transferor at the time of sale or
 
22                transfer of the fireworks, and the seller or
 
23                transferor shall indicate on the permit the amount
 

 
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 1                and type of fireworks sold or transferred.  No
 
 2                person shall sell or deliver fireworks to any
 
 3                permittee in any amount in excess of the amount
 
 4                specified in the permit, less the amount shown on
 
 5                the permit previously to have been purchased.
 
 6      (d)  Any license issued pursuant to this chapter shall be
 
 7 prominently displayed in public view at each licensed location." 
 
 8      SECTION 7.  Section 132D-9, Hawaii Revised Statutes, is
 
 9 amended to read:
 
10      "[§132D-9]  Application for permit.  The permit required
 
11 under section 132D-7 shall be issued by the county fire
 
12 department and be nontransferable.  The county shall issue all
 
13 permits for which complete applications have been submitted and
 
14 which contain only correct information.  The permit shall specify
 
15 the date of issuance or effect and the date of expiration but in
 
16 no case for a period to exceed one year. The permit shall also
 
17 specify the designated area where the fireworks are to be used,
 
18 the times when the fireworks may be ignited, and the penalties
 
19 for violation of any provision of this chapter. The application
 
20 shall be made on a form setting forth the dates for which the
 
21 permit shall be valid, the location where the permitted activity
 
22 is to occur, and the name of the proprietor or, if a partnership,
 
23 the name of the partnership and the names of all partners or, if
 

 
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 1 a corporation, the name of the corporation and the names of its
 
 2 officers.  The permit application may be denied if the proposed
 
 3 use of fireworks presents a substantial inconvenience to the
 
 4 public or presents an unreasonable fire or safety hazard.  Any
 
 5 permit issued pursuant to this chapter shall be prominently
 
 6 displayed in public view at the site."
 
 7      SECTION 8.  Section 132D-10, Hawaii Revised Statutes, is
 
 8 amended to read:
 
 9      "[§132D-10]  Permits.  A permit shall be required for the
 
10 purchase, possession, storage, transportation, setting off,
 
11 ignition, or discharge of: 
 
12      (1)  Any non-aerial common fireworks [when the proposed date
 
13           of the use of the fireworks is not within the periods
 
14           prescribed in section 132D-3(1)] under all
 
15           circumstances and at any time; and
 
16      (2)  Any aerial common and any special fireworks under all
 
17           circumstances and at any time."
 
18      SECTION 9.  Section 132D-14, Hawaii Revised Statutes, is
 
19 amended to read:
 
20      "[§132D-14]  Penalty.(a)  Any person importing aerial
 
21 common fireworks or special fireworks into the State without
 
22 first having obtained a license as required by section 132D-7
 
23 shall be guilty of a class [C]B felony.
 

 
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 1      (b)  Except as provided in subsection (a), any person
 
 2 violating any other provision of this chapter, shall be guilty of
 
 3 a [petty misdemeanor]class C felony.
 
 4      (c)  Any person importing, possessing, storing,
 
 5 transporting, selling, distributing, possessing, discharging
 
 6 fireworks that are not in compliance with this chapter, or using
 
 7 any component thereof to make a bomb or other explosive or
 
 8 incendiary device, shall be guilty of a class B felony, and
 
 9 shall, in addition to any other penalty, reimburse the state,
 
10 county, or person for all damages."
 
11      SECTION 10.  Section 132D-17, Hawaii Revised Statutes, is
 
12 repealed.
 
13      "[[§132D-17]  Preemption.(a)  It is the intent of the
 
14 legislature to occupy the entire field of regulation in all
 
15 matters that are the subject of this chapter.
 
16      (b)  Notwithstanding any other law to the contrary, no
 
17 county shall enact any ordinances or adopt any rules, except as
 
18 required in section 132D-7 regulating fireworks.  All ordinances
 
19 and rules regulating fireworks, adopted by a county before
 
20 March 31, 1995, are declared null and void.]"
 
21      SECTION 11.  Section 132D-19, Hawaii Revised Statutes, is
 
22 amended to read:
 
23      "[§132D-19]  Rules and ordinances.  The [department]
 

 
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 1 counties shall adopt rules pursuant to chapter 91 and any
 
 2 ordinances to carry out the purposes of this chapter, including,
 
 3 but not limited to different classes of licenses and permits for
 
 4 matters concerning special and common fireworks."
 
 5      SECTION 11.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 12.  This Act shall take effect upon its approval.
 
 8 
 
 9 
 
10                         INTRODUCED BY:___________________________
 

 
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