REPORT TITLE:
Fireworks Regulation


DESCRIPTION:
Bans the use of fireworks except for religious or ceremonial
purposes.  Increases penalties for use of aerial fireworks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.959        
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.  The legislature finds that in 1999, property
 
 2 damage attributed to fireworks was estimated at $585,500.
 
 3 Property damage far exceeded losses in previous years:  in 1998
 
 4 $2,900 in losses were attributed to fireworks and in 1996 the
 
 5 amount was $6,250.
 
 6      Blasting firecrackers and illegal aerial fireworks on Oahu
 
 7 created a thick haze over the island, resulting in 35 fireworks-
 
 8 related fires and 56 medical runs for individuals with
 
 9 respiratory conditions.  In addition, fireworks can traumatize
 
10 animals.  The loud noise from fireworks frightens animals and the
 
11 smoke from fireworks also makes it difficult for small animals to
 
12 breathe.
 
13      Although the legislature recognizes that there is nothing
 
14 wrong with the prudent and judicious use of fireworks, the use of
 
15 fireworks without any regard for the rights of others can
 
16 jeopardize the public health and welfare of Hawaii's residents.  
 
17      The legislature finds that the 1999 New Year's celebration
 
18 has forced it to reevaluate existing laws and rules on the use of
 
19 fireworks in the State.  At the same time, the legislature
 

 
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 1 recognizes that fireworks may be part of certain religious and
 
 2 ceremonial practices.  These rights should also be protected.
 
 3      The purpose of this Act is to:
 
 4      (1)  Ban the use of fireworks except for public displays or
 
 5           for religious or ceremonial occasions; and
 
 6      (2)  Impose stricter penalities for the unauthorized use of
 
 7           aerial fireworks.
 
 8      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
 9 a new chapter to be appropriately designated and to read as
 
10 follows:
 
11                             "CHAPTER
 
12      § -1 Definitions.  As used in this chapter unless the
 
13 context requires otherwise:
 
14      "Aerial common fireworks" mean common fireworks that are
 
15 designed to rise into the air and explode or detonate in the air
 
16 or to fly about above the ground.
 
17      "Common fireworks" mean explosive devices:
 
18      (1)  Designed primarily to produce visible or audible
 
19           effects by combustion, deflagaration, or detonation;
 
20           and
 
21      (2)  Classified as division 1.4G explosives by regulation of
 
22           the United States Department of Transportation.
 
23      "Department" means the state fire council.
 

 
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 1      "Fireworks" include common fireworks and special fireworks.
 
 2 The term "fireworks" shall not include:
 
 3      (1)  Automotive safety flares;
 
 4      (2)  Toy pistols, toy cannons, toy guns, party poppers, pop-
 
 5           its, or other devices containing twenty-five hundredths
 
 6           of a grain or less of explosives substance; or
 
 7      (3)  Any explosives and pyrotechnics regulated under chapter
 
 8           396.
 
 9      "Non-aerial common fireworks" mean common fireworks that are
 
10 designed to remain on or near the ground, and while stationary or
 
11 spinning rapidly on or near the ground, emit smoke, a shower of
 
12 colored sparks, whistling effects, flitter sparks, or balls of
 
13 colored sparks, and combination items that contain one or more of
 
14 these effects.
 
15      "Special fireworks" mean explosive devices:
 
16      (1)  Designed primarily to produce visible or audible
 
17           effects by combustion, deflagration, or detonation;
 
18      (2)  Designed primarily for exhibition display; and
 
19      (3)  Classified as division 1.3G explosives by regulation of
 
20           the United States Department of Transportation.
 
21      §   -2 General prohibition of fireworks; exceptions.(a)
 
22 Fireworks shall not be set off, ignited, discharged, or otherwise
 

 
 
 
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 1 caused to explode within the State unless specifically allowed by
 
 2 this chapter.
 
 3      (b)  Subsection (a) shall not apply to:
 
 4      (1)  The use of flares, noisemakers, or signals for warning,
 
 5           pest control, or illumination purposes by police and
 
 6           fire departments, utility companies, transportation
 
 7           agencies, and other governmental or private agencies or
 
 8           persons, including agricultural operations, in
 
 9           connection with emergencies, their duties, or business;
 
10      (2)  The sale or use of blank cartridges for a show or
 
11           theater, or for signal, commercial, or institutional
 
12           purposes in athletics or sports; or
 
13      (3)  The possession, storage, sale, or use of explosives and
 
14           combustibles in accordance with chapter 396.
 
15      §   -3  Permissible uses.(a)  Special fireworks and aerial
 
16 common fireworks may be purchased, set off, ignited, or otherwise
 
17 caused to explode in the State for display purposes only pursuant
 
18 to a permit as set forth in section    -5.
 
19      (b)  Non-aerial common fireworks may be purchased, set off,
 
20 ignited, or otherwise caused to explode in the State for
 
21 religious or ceremonial purposes only pursuant to a permit as set
 
22 forth in section    -5.
 

 
 
 
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 1      §   -4 License required; fees.(a)  It shall be unlawful
 
 2 for any person to:
 
 3      (1)  Import any fireworks into the State;
 
 4      (2)  Store; or
 
 5      (3)  Offer to sell or sell, at wholesale or retail,
 
 6 any fireworks, unless the person has a valid license issued by
 
 7 the department.  
 
 8      (b)  The fee for the license shall not exceed $    for each
 
 9 year or fraction of a year in which the licensee plans to conduct
 
10 business and shall be payable to the department.
 
11      §   -5 Permit required, fees.(a) It shall be unlawful for
 
12 any person to set off, ignite, or discharge fireworks at any time
 
13 unless the person has a valid permit issued by the county in
 
14 which the permitted activity is to occur.  
 
15      (b)  The fee for the permit shall not exceed $    for each
 
16 year or fraction of a year in which the permittee plans to
 
17 conduct business or participate in a religious or ceremonial
 
18 activity and shall be payable to the county in which the
 
19 permitted activity is to occur.
 
20      § -6 Application for license.(a)  The license required
 
21 under section    -4 shall be issued by the department and shall
 
22 be nontransferable.  The license shall specify the date of
 
23 issuance and the date of expiration, which shall be March 31 of
 

 
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                                     H.B. NO.959        
                                                        
                                                        

 
 1 each year.  The application shall be made on a form setting
 
 2 forth:
 
 3      (1)  The date upon which the importations are to begin;
 
 4      (2)  The address of the location of the importer; and
 
 5      (3)  The name of the proprietor or, if a partnership, the
 
 6           name of the partnership and the names of all partners
 
 7           or, if a corporation, the name of the corporation and
 
 8           the names of its officers.
 
 9      (b)  Each storage, wholesaling, and retailing site shall be
 
10 required to obtain a separate license.  The license shall specify
 
11 the date of issuance 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:
 
14      (1)  The date upon which the storage, sale or offers for
 
15           sale are to begin;
 
16      (2)  The address of the location of the licensee; and
 
17      (3)  The names of the person using the fireworks for
 
18           religious or ceremonial purposes; the proprietor, the
 
19           partnership, including the name of the partnership and
 
20           the names of all partners; or the corporation,
 
21           including the name of the corporation and the name of
 
22           its officers.
 
23      (c)  Any license issued pursuant to this chapter may be
 
24 revoked by the department if the licensee violates any provision
 
25 of this chapter or if the licensee stores or handles the
 

 
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                                     H.B. NO.959        
                                                        
                                                        

 
 1 fireworks in such a manner as to present an unreasonable safety
 
 2 hazard.
 
 3      (d)  It shall be unlawful for any person, other than a
 
 4 wholesaler who is selling or transferring fireworks to a licensed
 
 5 retailer, to sell or offer to sell any fireworks to any person
 
 6 who does not present a permit duly issued as required by section
 
 7    -5.  The permit shall be signed by the seller or transferor at
 
 8 the time of sale or transfer of the fireworks, and the seller or
 
 9 transferor shall indicate on the permit the amount and type of
 
10 fireworks sold or transferred.  No person shall sell or deliver
 
11 fireworks to any permittee in any amount in excess of the amount
 
12 specified in the permit, less the amount shown on the permit
 
13 previously to have been purchased.
 
14      (e)  Any license issued pursuant to this chapter shall be
 
15 prominently displayed in public view at each licensed location. 
 
16      § -7 Application for permit.(a)  Any permit required
 
17 under section    -5 shall be issued by the county and be
 
18 nontransferable.  The county shall issue permits for which
 
19 complete applications have been submitted and which contain only
 
20 correct information.  The permit shall specify the date of
 
21 issuance and the date of expiration but in no case for a period
 
22 to exceed one year.  The application shall be made on a form
 
23 setting forth:
 

 
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 1      (1)  The dates for which the permit shall be valid;
 
 2      (2)  The location where the permitted activity is to occur;
 
 3           and
 
 4      (3)  The name of the proprietor or, if a partnership, the
 
 5           name of the partnership and the names of all partners
 
 6           or, if a corporation, the name of the corporation and
 
 7           the names of its officers.
 
 8      (b)  The permit application may be denied if the proposed
 
 9 use of fireworks presents a substantial inconvenience to the
 
10 public or presents an unreasonable fire or safety hazard.
 
11      (c)  Any permit issued pursuant to this chapter shall be
 
12 prominently displayed in public view at the site.
 
13      §   -8 Sale to minor; liability of parents or guardians.
 
14 (a)  It shall be unlawful for any person to offer for sale, sell,
 
15 or give any fireworks to minors, and for any minor to possess,
 
16 purchase, or set off, ignite, or otherwise cause to explode any
 
17 fireworks.
 
18      (b)  The parents, guardian, and other persons having the
 
19 custody or control of any minor, who knowingly permit the minor
 
20 to possess, purchase, set off, ignite, or otherwise cause to
 
21 explode any fireworks, shall be deemed to be in violation of this
 
22 chapter and shall be subject to the penalties thereunder,
 
23 provided that:
 

 
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 1      (1)  The parents or guardian may allow the minor to use
 
 2           fireworks while under the immediate supervision and
 
 3           control of the parent or guardian, or under the
 
 4           supervision and control of another adult; and
 
 5      (2)  The parent, guardian, or other person having control of
 
 6           the minor holds a permit allowing the use of fireworks.
 
 7      §   -9 Penalty.(a)  The following shall be guilty of a
 
 8 class C felony:
 
 9      (1)  Any person importing fireworks into the State without
 
10           first having obtained a license as required by section
 
11              -4; and
 
12      (2)  Any person using special fireworks or aerial common
 
13           fireworks without first having obtained a permit as
 
14           required by section    -5.
 
15      (b)  Except as provided in subsection (a), any person
 
16 violating any other provision of this chapter, shall be guilty of
 
17 a petty misdemeanor.
 
18      § -10  Rules.  The department shall adopt rules pursuant
 
19 to chapter 91 to carry out the purposes of this chapter.
 
20      § -11  Enforcement.  This chapter shall be enforced by the
 
21 department and agencies designated by the agencies.  The counties
 
22 shall enforce and administer the provisions of this chapter."
 

 
 
 
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                                     H.B. NO.959        
                                                        
                                                        

 
 1      SECTION 3.  Chapter 132D, Hawaii Revised Statutes, is
 
 2 repealed.
 
 3      SECTION 4.  This Act shall take effect upon its approval.
 
 4 
 
 5                           INTRODUCED BY:_________________________