Report Title:
Fireworks Regulation
Description:
Bans the use of fireworks except for religious or ceremonial purposes. Increases penalties for use of aerial fireworks.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1083 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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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:
SECTION 1. The purpose of this Act is to:
(1) Ban the use of fireworks except for public displays or for religious or ceremonial occasions; and
(2) Impose stricter penalties for the unauthorized use of aerial fireworks.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
FIREWORKS
§ -1 Definitions. As used in this chapter, unless the context requires otherwise:
"Aerial common fireworks" mean common fireworks that are designed to rise into the air and explode or detonate in the air or to fly about above the ground.
"Common fireworks" mean explosive devices:
(1) Designed primarily to produce visible or audible effects by combustion, deflagaration, or detonation; and
(2) Classified as division 1.4G explosives by regulation of the United States Department of Transportation.
"Council" means the state fire council.
"Fireworks" include common fireworks and special fireworks. The term "fireworks" shall not include:
(1) Automotive safety flares;
(2) Toy pistols, toy cannons, toy guns, party poppers, pop-its, or other devices containing twenty-five hundredths of a grain or less of explosives substance; or
(3) Any explosives and pyrotechnics regulated under chapter 396.
"Non-aerial common fireworks" mean common fireworks that are designed to remain on or near the ground, and while stationary or spinning rapidly on or near the ground, emit smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls of colored sparks, and combination items that contain one or more of these effects.
"Special fireworks" mean explosive devices:
(1) Designed primarily to produce visible or audible effects by combustion, deflagration, or detonation;
(2) Designed primarily for exhibition display; and
(3) Classified as division 1.3G explosives by regulation of the United States Department of Transportation.
§ -2 General prohibition of fireworks; exceptions. (a) Fireworks shall not be set off, ignited, discharged, or otherwise caused to explode within the State unless specifically allowed by this chapter.
(b) Subsection (a) shall not apply to:
(1) The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business;
(2) The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports; or
(3) The possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396.
§ -3 Permissible uses. (a) Special fireworks and aerial common fireworks may be purchased, set off, ignited, or otherwise caused to explode in the State for display purposes only pursuant to a permit as set forth in section -5.
(b) Non-aerial common fireworks may be purchased, set off, ignited, or otherwise caused to explode in the State for religious or ceremonial purposes only pursuant to a permit as set forth in section -5.
§ -4 License required; fees. (a) It shall be unlawful for any person to:
(1) Import any fireworks into the State;
(2) Store; or
(3) Offer to sell or sell, at wholesale or retail,
any fireworks, unless the person has a valid license issued by the council.
(b) The fee for the license shall not exceed $ for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the council.
§ -5 Permit required, fees. (a) It shall be unlawful for any person to set off, ignite, or discharge fireworks at any time unless the person has a valid permit issued by the county in which the permitted activity is to occur.
(b) The fee for the permit shall not exceed $ for each year or fraction of a year in which the permittee plans to conduct business or participate in a religious or ceremonial activity and shall be payable to the county in which the permitted activity is to occur.
§ -6 Application for license. (a) The license required under section -4 shall be issued by the council and shall be nontransferable. The license shall specify the date of issuance and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth:
(1) The date upon which the importations are to begin;
(2) The address of the location of the importer; and
(3) The name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers.
(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth:
(1) The date upon which the storage, sale or offers for sale are to begin;
(2) The address of the location of the licensee; and
(3) The names of the person using the fireworks for religious or ceremonial purposes; the proprietor, the partnership, including the name of the partnership and the names of all partners; or the corporation, including the name of the corporation and the name of its officers.
(c) Any license issued pursuant to this chapter may be revoked by the council if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard.
(d) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell any fireworks to any person who does not present a permit duly issued as required by section -5. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate on the permit the amount and type of fireworks sold or transferred. No person shall sell or deliver fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit previously to have been purchased.
(e) Any license issued pursuant to this chapter shall be prominently displayed in public view at each licensed location.
§ -7 Application for permit. (a) Any permit required under section -5 shall be issued by the county and be nontransferable. The county shall issue permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance and the date of expiration but in no case for a period to exceed one year. The application shall be made on a form setting forth:
(1) The dates for which the permit shall be valid;
(2) The location where the permitted activity is to occur; and
(3) The name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers.
(b) The permit application may be denied if the proposed use of fireworks presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard.
(c) Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.
§ -8 Sale to minor; liability of parents or guardians. (a) It shall be unlawful for any person to offer for sale, sell, or give any fireworks to minors, and for any minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks.
(b) The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, set off, ignite, or otherwise cause to explode any fireworks, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder, provided that:
(1) The parents or guardian may allow the minor to use fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult; and
(2) The parent, guardian, or other person having control of the minor holds a permit allowing the use of fireworks.
§ -9 Penalty. (a) The following shall be guilty of a class C felony:
(1) Any person importing fireworks into the State without first having obtained a license as required by section -4; and
(2) Any person using special fireworks or aerial common fireworks without first having obtained a permit as required by section -5.
(b) Except as provided in subsection (a), any person violating any other provision of this chapter, shall be guilty of a petty misdemeanor.
§ -10 Rules. The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this chapter.
§ -11 Enforcement. This chapter shall be enforced by the council and agencies designated by the agencies. The counties shall enforce and administer the provisions of this chapter."
SECTION 3. Chapter 132D, Hawaii Revised Statutes, is repealed.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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