Report Title:

Fireworks; Repeal of Permits

Description:

Repeals the permit requirement for fireworks.

THE SENATE

S.B. NO.

648

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO FIREWORKS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Existing law requires a permit to purchase firecrackers, aerial common fireworks, and special fireworks. The legislature finds that the permits have an unintended consequence of unduly and unnecessarily restricting the cultural practices of some cultural groups' festivities.

The purpose of this Act is to repeal the fireworks permit requirement.

SECTION 2. Section 132D-3, Hawaii Revised Statutes, is amended to read as follows:

"§132D-3 Permissible uses of non-aerial common fireworks. Non-aerial common fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only[:

(1) From] from 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July[; or

(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);

provided that the purchase of not more than 5,000 individual non-aerial common fireworks commonly known as firecrackers shall be allowed under each permit]."

SECTION 3. Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-5[]] General prohibitions. It shall be unlawful for any person without a permit to:

(1) Remove or extract the pyrotechnic contents from any fireworks;

(2) Throw any ignited fireworks from a moving vehicle; or

(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks:

(A) At any time not within the periods for use prescribed in section 132D-3[, unless permitted pursuant to section 132D-10];

(B) Within one thousand feet from any operating hospital, convalescent home, home for the elderly, or animal hospital;

(C) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

(D) On any highway, alley, street, sidewalk, or other public way; in any park; within fifty feet from a canefield; or within one thousand feet from any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 132D-10; and

(E) Within five hundred feet from any hotel."

SECTION 4. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

"§132D-7 License or permit required. A person shall not[:

(1) Import,] import store, offer to sell, or sell, at wholesale or retail, aerial common fireworks, special fireworks, or non-aerial common fireworks, unless the person has a valid license issued by the county[;

(2) Possess aerial common fireworks or special fireworks without a valid license to import, store, or sell aerial common fireworks or special fireworks, or a valid permit as provided for in this chapter; or

(3) Purchase non-aerial common fireworks with a permit under section 132D-10 more than five calendar days before the applicable time period for use prescribed in section 132D-3 in the county that issued the permit.]"

SECTION 5. Section 132D-8, Hawaii Revised Statutes, is amended to read as follows:

"§132D-8 Application for license. (a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, and 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. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years.

(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage, sale, or offers for sale are to begin, the address of the location of the licensee, and 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 name of its officers. Any license issued pursuant to this chapter may be revoked by the county 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.

[(c) 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 at any time to any person who does not present a permit duly issued as required by section 132D-10 or 132D-16. 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; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3.

(d) Aerial common fireworks, special fireworks, or both, shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer aerial common fireworks, or special fireworks, or both, to any other person.

(e)] (c) Any license issued pursuant to this chapter shall be prominently displayed in public view at each licensed location."

SECTION 6. Section 132D-8.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§132D-8.5[]] Importation of aerial common fireworks, special fireworks, or both, for public display. Aerial common fireworks, special fireworks, or both, shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory[; provided that if a licensee under section 132D-7 provides aerial common fireworks, special fireworks, or both, for public displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial common fireworks, special fireworks, or both, for a six-month inventory]."

SECTION 7. Section 132D-11, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site[, and $110 for permits for public display under section 132D-16] for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used by each county fire department to pay the salary of an auditor of fireworks records. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks are made only to license or permit holders under this chapter. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks for displays once a year."

SECTION 8. Section 132D-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person:

(1) Importing aerial common fireworks or special fireworks without having a valid license under section 132D-7 shall be guilty of a class C felony;

[(2) Purchasing, possessing, setting off, igniting, or discharging aerial common fireworks or special fireworks without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial common fireworks or special fireworks without a valid license under section 132D-7:

(A) If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more, shall be guilty of a class C felony; or

(B) If the total weight of the aerial common fireworks or special fireworks is less than twenty-five pounds, shall be guilty of a misdemeanor.

(3) Who transfers or sells aerial common fireworks or special fireworks to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony;] and

[(4)] (2) Who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor."

SECTION 9. Section 132D-4, Hawaii Revised Statutes, is repealed.

["§132D-4 Permissible uses of special fireworks and aerial common fireworks. Special fireworks and aerial common fireworks may be purchased, set off, ignited, or otherwise caused to explode in the State only if for public display and permitted in writing pursuant to sections 132D-10 and 132D-16."]

SECTION 10. Section 132D-9, Hawaii Revised Statutes, is repealed.

["§132D-9 Application for permit. The permit required under section 132D-10 or 132D-16 shall be issued by the county and be nontransferable. The county shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of non-aerial common fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and 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. 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. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site."]

SECTION 11. Section 132D-10, Hawaii Revised Statutes, is repealed.

["§132D-10 Permits. A permit shall be required for the purchase of:

(1) Any non-aerial common fireworks commonly known as firecrackers upon payment of a fee of $25; and

(2) Any aerial common fireworks and any special fireworks for the purposes of section 132D-16."]

SECTION 12. Section 132D-16, Hawaii Revised Statutes, is repealed.

["§132D-16 Permit for public display. (a) Any person desiring to set off, ignite, or discharge aerial common fireworks, special fireworks, or both, for a public display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display.

(b) The application shall state, among other things:

(1) The name, age, and address of the applicant;

(2) The name, age, and address of the person who will operate the display, and verification that the person is a licensed pyrotechnic operator;

(3) The time, date, and place of the display;

(4) The type and quantity of aerial common fireworks, special fireworks, or both, to be displayed; and

(5) The purpose or occasion for which the display is to be presented.

(c) No permit shall be issued under this section unless the applicant presents, at the applicant's option, either:

(1) A written certificate of an insurance carrier, which has been issued to or for the benefit of the applicant, or a policy providing for the payment of damages in the amount of not less than $5,000 for injury to, or death of, any one person, and subject to the foregoing limitation for one person; in the amount of not less than $10,000 for injury to, or death of, two or more persons; and in the amount of not less than $5,000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The certificate shall state that the policy is in full force and effect and will continue to be in full force and effect for not less than ten days after the date of the public display; or

(2) The bond of a surety company duly authorized to transact business within the State, or a bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond, or a deposit of cash, in the amount of not less than $10,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the public display.

The county may require coverage in amounts greater than the minimum amounts set forth in paragraph (1) or (2) if deemed necessary or desirable in consideration of such factors as the location and scale of the display, the type of aerial common fireworks, special fireworks, or both, to be used, and the number of spectators expected.

(d) The county, pursuant to duly adopted rules, shall issue the permit after being satisfied that the requirements of subsection (c) have been met, the display will be handled by a pyrotechnic operator duly licensed by the State, the display will not be hazardous to property, and the display will not endanger human life. The permit shall authorize the holder to display aerial common fireworks, special fireworks, or both, only at the place and during the time set forth therein, and to acquire and possess the specified aerial common fireworks, special fireworks, or both, between the date of the issuance of the permit and the time during which the display of those aerial common fireworks, special fireworks, or both, is authorized."]

SECTION 13. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 14. This Act shall take effect upon its approval.

INTRODUCED BY:

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