REPORT TITLE:
Fireworks Control


DESCRIPTION:
Prohibits the use of fireworks without a permit issued for
compelling religious and cultural purposes; transfers the
provisions of chapter 132D, HRS, to chapter 46, HRS; directs
fines for violating this chapter to be paid to the county in
which the violation occurred.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           681
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   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 part to be appropriately designated and to read
 
 3 as follows:
 
 4                       "PART   .  FIREWORKS
 
 5      §46-A  Title.  This part shall be known and may be cited as
 
 6 the "Fireworks Control Law".
 
 7      §46-B   Definitions.  As used in this part unless the
 
 8 context requires otherwise:
 
 9      "Aerial common fireworks" means any firework, classified as
 
10 common fireworks by the United States Bureau of Explosives or
 
11 contained in the regulations of the United States Department of
 
12 Transportation and designated as UN 0336 1.4G, which produces an
 
13 audible or visible effect and which is designed to rise into the
 
14 air and explode or detonate in the air or to fly about above the
 
15 ground and which is prohibited for use by any person who does not
 
16 have a display permit issued by a county.  "Aerial common
 
17 fireworks" include firework items commonly known as bottle
 
18 rockets, sky rockets, missile-type rockets, helicopters,
 
19 torpedoes, daygo bombs, roman candles, jumping jacks which move
 

 
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 1 about the ground farther than inside a circle with a radius of
 
 2 twelve feet as measured from the point where the item was placed
 
 3 and ignited, types of balloons which require fire underneath to
 
 4 propel the same, aerial shells and mines.
 
 5      "Common fireworks" means any firework designed primarily for
 
 6 retail sale to the public during prescribed dates and which
 
 7 produces visible or audible effects through combustion and which
 
 8 is classified as common fireworks by the United States Bureau of
 
 9 Explosives or contained in the regulations of the United States
 
10 Department of Transportation and designated as UN 0336 1.4G.
 
11      "Department" means the state fire council.
 
12      "Fireworks" means any combustible or explosive composition,
 
13 or any substance or combination of substances, or article
 
14 prepared for the purpose of producing a visible or audible effect
 
15 by combustion, explosion, deflagration, or detonation and
 
16 classified as common or special fireworks by the United States
 
17 Bureau of Explosives or contained in the regulations of the
 
18 United States Department of Transportation and designated as UN
 
19 0335 1.3G or UN 0336 1.4G.  The term "fireworks" shall not
 
20 include automotive safety flares, nor shall the term be construed
 
21 to include toy pistols, toy cannons, toy guns, party poppers,
 
22 pop-its, or other devices which contain twenty-five hundredths of
 
23 a grain or less of explosives substance.  The term "fireworks"
 

 
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 1 also shall not include any explosives and pyrotechnics regulated
 
 2 under chapter 396.
 
 3      "License" means a nontransferable, formal authorization,
 
 4 valid for a period not to exceed one calendar year from the date
 
 5 of issuance and which the department may issue under this part,
 
 6 to engage in the act or acts specifically designated herein.
 
 7      "Non-aerial common fireworks" means any firework, classified
 
 8 as common fireworks by the United States Bureau of Explosives or
 
 9 contained in the regulations of the United States Department of
 
10 Transportation and designated as UN 0336 1.4G, which produces an
 
11 audible or visible effect and which is designed to remain on or
 
12 near the ground and which, while stationary or spinning rapidly
 
13 on or near the ground, emits smoke, a shower of colored sparks,
 
14 whistling effects, flitter sparks or balls of colored sparks and
 
15 combination items which contain one or more of these effects.
 
16 "Non-aerial common fireworks" include firework items commonly
 
17 known as firecrackers which are single paper cylinders not
 
18 exceeding one and one-half inches in length excluding the fuse
 
19 and one quarter of an inch in diameter containing a charge of not
 
20 more than fifty milligrams of pyrotechnic composition, snakes,
 
21 sparklers, fountains, and cylindrical or cone fountains which
 
22 emit effects up to a height not greater than twelve feet above
 
23 the ground, illuminating torches, bamboo canons, whistles, toy
 

 
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 1 smoke devices, wheels, and ground spinners which when ignited
 
 2 remain within a circle with a radius of twelve feet as measured
 
 3 from the point where the item was placed and ignited, novelty or
 
 4 trick items, combination items, and other fireworks of like
 
 5 construction which are designed to produce the same or similar
 
 6 effects.
 
 7      "Permit" means a nontransferable, formal authorization,
 
 8 valid for a period not to exceed one calendar year from the date
 
 9 of issuance and which a county may issue under this part, to
 
10 engage in the act or acts specifically designated herein.
 
11      "Pyrotechnic composition" or "pyrotechnic contents" means
 
12 the combustible or explosive component of fireworks.
 
13      "Special fireworks" means any firework designed primarily
 
14 for exhibition display by producing visible or audible effects
 
15 and classified as special fireworks by the United States Bureau
 
16 of Explosives or contained in the regulations of the United
 
17 States Department of Transportation and designated as UN 0335
 
18 1.3G and which are prohibited for use by any person who does not
 
19 have a display permit issued by a county.
 
20      §46-C General prohibitions.  It shall be unlawful for any
 
21 person without a permit to:
 
22      (1)  Remove or extract the pyrotechnic contents from any
 
23           fireworks;
 

 
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 1      (2)  Throw any ignited fireworks from a moving vehicle; or
 
 2      (3)  Set off, ignite, discharge, or otherwise cause to
 
 3           explode any fireworks:
 
 4           (A)  At any time, unless permitted pursuant to section
 
 5                46-H;
 
 6           (B)  Within one thousand feet from any operating
 
 7                hospital, convalescent home, home for the elderly,
 
 8                or animal hospital;
 
 9           (C)  In any school building, or on any school grounds
 
10                and yards without first obtaining authorization
 
11                from appropriate school officials;
 
12           (D)  On any highway, alley, street, sidewalk, or other
 
13                public way; in any park; within fifty feet from a
 
14                canefield; or within one thousand feet from any
 
15                building used for public worship during the
 
16                periods when services are held; except as may be
 
17                permitted pursuant to section 46-H; or
 
18           (E)  Within five hundred feet from any hotel.
 
19      §46-D Exceptions.  The prohibitions in section 46-C do not
 
20 apply to:
 
21      (1)  The use of flares, noisemakers, or signals for warning,
 
22           pest control, or illumination purposes by police and
 
23           fire departments, utility companies, transportation
 

 
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 1           agencies, and other governmental or private agencies or
 
 2           persons, including agricultural operations, in
 
 3           connection with emergencies, their duties, or business;
 
 4           or
 
 5      (2)  The sale or use of blank cartridges for a show or
 
 6           theater, or for signal, commercial, or institutional
 
 7           purposes in athletics or sports.
 
 8      §46-E License or permit required.(a)  It shall be
 
 9 unlawful for any person to import any fireworks into the State,
 
10 to store, offer to sell or sell, at wholesale or retail any
 
11 fireworks, unless the person has a valid license issued by the
 
12 department.
 
13      (b)  It shall be unlawful for any person to set off, ignite
 
14 or discharge any fireworks at any time in any county unless the
 
15 person has a valid permit issued by the county in which the
 
16 permitted activity is to occur.
 
17      §46-F Application for license.(a)  The license required
 
18 under section 46-E shall be issued by the department and shall be
 
19 nontransferable.  The license shall specify the date of issuance
 
20 or effect and the date of expiration, which shall be March 31 of
 
21 each year.  The application shall be made on a form setting forth
 
22 the date upon which the importations are to begin, the address of
 
23 the location of the importer, and the name of the proprietor or,
 

 
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 1 if a partnership, the name of the partnership and the names of
 
 2 all partners or, if a corporation, the name of the corporation
 
 3 and the names of its officers.
 
 4      (b)  Each storage, wholesaling and retailing site shall be
 
 5 required to obtain a separate license.  The license shall specify
 
 6 the date of issuance or effect and the date of expiration, which
 
 7 shall be March 31 of each year.  The application shall be made on
 
 8 a form setting forth the date upon which the storage, sale, or
 
 9 offers for sale are to begin, the address of the location of the
 
10 licensee, and the name of the proprietor, or, if a partnership,
 
11 the name of the partnership and the names of all partners or, if
 
12 a corporation, the name of the corporation and the name of its
 
13 officers.  Any license issued pursuant to this part may be
 
14 revoked by the department if the licensee violates any provision
 
15 of this part or if the licensee stores or handles the fireworks
 
16 in such a manner as to present an unreasonable safety hazard.
 
17      (c)  It shall be unlawful for any person, other than a
 
18 wholesaler who is selling or transferring fireworks to a licensed
 
19 retailer, to sell or offer to sell any fireworks:
 
20      (1)  Unless the purchaser presents a valid permit; or
 
21      (2)  At any other time, and whenever the sale of special
 
22           fireworks is involved, to any person who does not
 
23           present a permit duly issued as required by section
 

 
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 1           46-E.  The permit shall be signed by the seller or
 
 2           transferor at the time of sale or transfer of the
 
 3           fireworks, and the seller or transferor shall indicate
 
 4           on the permit the amount and type of fireworks sold or
 
 5           transferred.  No person shall sell or deliver fireworks
 
 6           to any permittee in any amount in excess of the amount
 
 7           specified in the permit, less the amount shown on the
 
 8           permit previously to have been purchased.
 
 9      (d)  Any license issued pursuant to this part shall be
 
10 prominently displayed in public view at each licensed location.
 
11      §46-G Application for permit.(a)  The permit required
 
12 under section 46-E shall be issued by the county and be
 
13 nontransferable.  A permit shall only be issued for compelling
 
14 religious and cultural purposes.  The county shall issue all
 
15 permits for which complete applications have been submitted and
 
16 which contain only correct information; provided that the county
 
17 shall not issue more than         permits per calendar year.
 
18      (b)  The permit shall specify the date of issuance or effect
 
19 and the date of expiration but in no case for a period to exceed
 
20 one year.  The application shall be made on a form setting forth
 
21 the dates for which the permit shall be valid, the location where
 
22 the permitted activity is to occur, and the name of the
 
23 proprietor or, if a partnership, the name of the partnership and
 

 
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 1 the names of all partners or, if a corporation, the name of the
 
 2 corporation and the names of its officers.  
 
 3      (c)  The permit application may be denied if the proposed
 
 4 use of fireworks presents a substantial inconvenience to the
 
 5 public or presents an unreasonable fire or safety hazard.  
 
 6      (d)  Any permit issued pursuant to this part shall be
 
 7 prominently displayed in public view at the site.
 
 8      §46-H Permits.  A permit shall be required for the
 
 9 purchase, setting off, ignition, or discharge of any fireworks
 
10 under all circumstances and at any time.
 
11      §46-I Fee.  The fee for the license required under section
 
12 46-F shall not exceed $110 for each year or fraction of a year in
 
13 which the licensee plans to conduct business and shall be payable
 
14 to the department.  The fee for the permit required under section
 
15 46-E shall be no greater than $25 for each year or fraction of a
 
16 year in which the permittee plans to conduct business and shall
 
17 be payable to the county in which the permitted activity is to
 
18 occur. 
 
19      §46-J Sale to minors.  It shall be unlawful for any person
 
20 to offer for sale, sell, or give any fireworks to minors, and for
 
21 any minor to possess, purchase, or set off, ignite, or otherwise
 
22 cause to explode any fireworks.
 
23      §46-K Liability of parents or guardians.  The parents,
 

 
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 1 guardian, and other persons having the custody or control of any
 
 2 minor, who knowingly permit the minor to possess, purchase, or
 
 3 set off, ignite, or otherwise cause to explode any fireworks,
 
 4 shall be deemed to be in violation of this part and shall be
 
 5 subject to the penalties thereunder.
 
 6      §46-L Penalty.(a)  Any person importing aerial common
 
 7 fireworks or special fireworks into the State without first
 
 8 having obtained a license as required by section 46-E shall be
 
 9 guilty of a class C felony.
 
10      (b)  Except as provided in subsection (a), any person
 
11 violating any other provision of this part, shall be guilty of a
 
12 petty misdemeanor.
 
13      (c)  Notwithstanding section 706-643, all fines imposed for
 
14 violating this chapter shall be payable to the county in which
 
15 the violation occurred.
 
16      §46-M Notice requirements.  Each licensed retail outlet
 
17 shall post adequate notice that clearly cautions each person
 
18 purchasing fireworks of the prohibitions, liabilities, and
 
19 penalties incorporated in sections 46-J, 46-K, and 46-L.
 
20      §46-N  Permit for public display.(a)  Any person desiring
 
21 to set off, ignite, or discharge special fireworks for a public
 
22 display shall apply to, and obtain a permit as required by
 
23 section 46-E, from the county not less than twenty days before
 

 
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 1 the date of the display.
 
 2      (b)  The application shall state, among other things:
 
 3      (1)  The name, age, and address of the applicant;
 
 4      (2)  The name, age, and address of the person who will
 
 5           operate the display, and verification that the person
 
 6           is a certified pyrotechnic operator;
 
 7      (3)  The time, date, and place of the display;
 
 8      (4)  The type and quantity of special fireworks to be
 
 9           displayed; and
 
10      (5)  The purpose or occasion for which the display is to be
 
11           presented.
 
12      (c)  No permit shall be issued under this section unless the
 
13 applicant presents, at the applicant's option, either:
 
14      (1)  A written certificate of an insurance carrier, which
 
15           has been issued to or for the benefit of the applicant,
 
16           or a policy providing for the payment of damages in the
 
17           amount of not less than $5,000 for injury to, or death
 
18           of, any one person, and subject to the foregoing
 
19           limitation for one person; in the amount of not less
 
20           than $10,000 for injury to, or death of, two or more
 
21           persons; and in the amount of not less than $5,000 for
 
22           damage to property, caused by reason of the authorized
 
23           display and arising from any tortious acts or
 

 
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 1           negligence of the permittee, the permittee's agents,
 
 2           employees, or subcontractors.  The certificate shall
 
 3           state that the policy is in full force and effect and
 
 4           will continue to be in full force and effect for not
 
 5           less than ten days after the date of the public
 
 6           display; or
 
 7      (2)  The bond of a surety company duly authorized to
 
 8           transact business within the State, or a bond with not
 
 9           less than two individual sureties who together have
 
10           assets in the State equal in value to not less than
 
11           twice the amount of the bond, or a deposit of cash, in
 
12           the amount of not less than $10,000 conditioned upon
 
13           the payment of all damages that may be caused to any
 
14           person or property by reason of the authorized display
 
15           and arising from any tortious acts or negligence of the
 
16           permittee, the permittee's agents, employees, or
 
17           subcontractors.  The security shall continue to be in
 
18           full force and effect for not less than ten days after
 
19           the date of the public display.
 
20      The county may require coverage in amounts greater than the
 
21 minimum amounts set forth in paragraph (1) or (2) if deemed
 
22 necessary or desirable in consideration of factors such as the
 
23 location and scale of the display, the type of special fireworks
 

 
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 1 to be used, and the number of spectators expected.
 
 2      (d)  The county, pursuant to duly adopted rules, shall issue
 
 3 the permit after being satisfied that the requirements of
 
 4 subsection (c) have been met, the display will be handled by a
 
 5 pyrotechnic operator duly licensed by the State, the display will
 
 6 not be hazardous to property, and the display will not endanger
 
 7 human life.  The permit shall authorize the holder to display
 
 8 special fireworks only at the place and during the time set forth
 
 9 in the permit, and to acquire and possess the specified special
 
10 fireworks between the date of the issuance of the permit and the
 
11 time during which the display of those special fireworks is
 
12 authorized.
 
13      §46-O Effect on other laws.  Nothing in this part shall be
 
14 construed to apply to the possession, storage, sale, or use of
 
15 explosives and combustibles in accordance with chapter 396.
 
16      §46-P Enforcement.  This part shall be enforced by the
 
17 counties."
 
18      SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is
 
19 repealed.
 
20      SECTION 3.  In codifying the new sections added by section 1
 
21 of this Act, the revisor of statutes shall substitute appropriate
 
22 section numbers for the letters used in designating the new
 
23 sections in this Act.
 

 
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                                     S.B. NO.           681
                                                        
                                                        

 
 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________