REPORT TITLE:
Fireworks; Counties


DESCRIPTION:
Authorizes the counties to regulate fireworks; repeals state
regulation of fireworks; bans the possession and usage of aerial
fireworks and imposes a mandatory minimum fine of $250.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           213
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.  Chapter 46, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§46-    Fireworks.  (a)  The counties shall have the
 
 5 authority to enact ordinances and adopt rules to regulate all
 
 6 fireworks except aerial common fireworks.
 
 7      (b)  For purposes of this section: 
 
 8      "Aerial common fireworks" means any firework, classified as
 
 9 common fireworks by the United States Bureau of Explosives or
 
10 contained in the regulations of the United States Department of
 
11 Transportation and designated as UN 0336 1.4G, which produces an
 
12 audible or visible effect and which is designed to rise into the
 
13 air and explode or detonate in the air or to fly about above the
 
14 ground.  "Aerial common fireworks" include firework items
 
15 commonly known as bottle rockets, sky rockets, missile-type
 
16 rockets, helicopters, torpedoes, daygo bombs, roman candles,
 
17 jumping jacks which move about the ground farther than inside a
 
18 circle with a radius of twelve feet as measured from the point
 
19 where the item was placed and ignited, types of balloons which
 

 
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                                     S.B. NO.           213
                                                        
                                                        

 
 1 require fire underneath to propel the same, aerial shells, and
 
 2 mines.
 
 3      "Fireworks" means any combustible or explosive composition,
 
 4 or any substance or combination of substances, or article
 
 5 prepared for the purpose of producing a visible or audible effect
 
 6 by combustion, explosion, deflagration, or detonation and
 
 7 classified as common or special fireworks by the United States
 
 8 Bureau of Explosives or contained in the regulations of the
 
 9 United States Department of Transportation and designated as UN
 
10 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
11 include automotive safety flares, nor shall the term be construed
 
12 to include toy pistols, toy cannons, toy guns, party poppers,
 
13 pop-its, or other devices which contain twenty-five hundredths of
 
14 a grain or less of explosives substance.  The term "fireworks"
 
15 also shall not include any explosives and pyrotechnics regulated
 
16 under chapter 396."
 
17      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
 
18 by adding a new section to be appropriately designated and to
 
19 read as follows:
 
20      "§711-    Aerial fireworks possession and usage.  (1)  A
 
21 person commits the offense of aerial fireworks possession and
 
22 usage if the person:
 
23      (a)  Possesses aerial fireworks;
 

 
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 1      (b)  Imports, sells, or offers to sell fireworks in this
 
 2           State; or
 
 3      (c)  Purchases, sets off, ignites, discharges, or otherwise
 
 4           causes to explode fireworks in this State; or knowingly
 
 5           or recklessly permits the setting off, ignition,
 
 6           discharge, or explosion of fireworks on the premises
 
 7           under the person's charge or control, or aids or abets
 
 8           any such act.
 
 9      (2)  Aerial fireworks possession and usage is a misdemeanor.
 
10      (3)  A person who has been convicted of aerial fireworks
 
11 possession and usage shall be fined not less than $250.
 
12      (4)  For purposes of this section:
 
13      "Aerial common fireworks" means any firework, classified as
 
14 common fireworks by the United States Bureau of Explosives or
 
15 contained in the regulations of the United States Department of
 
16 Transportation and designated as UN 0336 1.4G, which produces an
 
17 audible or visible effect and which is designed to rise into the
 
18 air and explode or detonate in the air or to fly about above the
 
19 ground.  "Aerial common fireworks" include firework items
 
20 commonly known as bottle rockets, sky rockets, missile-type
 
21 rockets, helicopters, torpedoes, daygo bombs, roman candles,
 
22 jumping jacks which move about the ground farther than inside a
 
23 circle with a radius of twelve feet as measured from the point
 

 
Page 4                                                     
                                     S.B. NO.           213
                                                        
                                                        

 
 1 where the item was placed and ignited, types of balloons which
 
 2 require fire underneath to propel the same, aerial shells, and
 
 3 mines.
 
 4      "Fireworks" means any combustible or explosive composition,
 
 5 or any substance or combination of substances, or article
 
 6 prepared for the purpose of producing a visible or audible effect
 
 7 by combustion, explosion, deflagration, or detonation and
 
 8 classified as common or special fireworks by the United States
 
 9 Bureau of Explosives or contained in the regulations of the
 
10 United States Department of Transportation and designated as UN
 
11 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
12 include automotive safety flares, nor shall the term be construed
 
13 to include toy pistols, toy cannons, toy guns, party poppers,
 
14 pop-its, or other devices which contain twenty-five hundredths of
 
15 a grain or less of explosives substance.  The term "fireworks"
 
16 also shall not include any explosives and pyrotechnics regulated
 
17 under chapter 396."
 
18      SECTION 3.  Chapter 132D, Hawaii Revised Statutes, is
 
19 repealed.
 
20      SECTION 4.  New statutory material is underscored.
 
21      SECTION 5.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________