Report Title:

Fireworks; Prohibition

Description:

Provides for a statewide ban of consumer fireworks (firecrackers).

HOUSE OF REPRESENTATIVES	H.B. NO.	398
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

relating to fireworks.

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

     SECTION 1.  Section 132D-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "consumer fireworks" to read:

     ""Consumer fireworks" [means]:

(1) Means any fireworks designed primarily for retail sale to the public [during authorized dates and times,] that produces visible or audible effects by combustion, and that is designed to remain on or near the ground and, while stationary or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls of colored sparks, and includes combination items that contain one or more of these effects.  ["Consumer fireworks" shall comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission as set forth in Title 16 Code of Federal Regulations and fireworks classified as UN0336 and UN0337 by the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations.  "Consumer fireworks" include]

(2) Includes firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height not greater than twelve feet above the ground, illuminating torches, bamboo cannons, whistles, toy smoke devices, wheels, and ground spinners that when ignited remain within a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, novelty or trick items, combination items, and other fireworks of like construction that are designed to produce the same or similar effects."

     2.  By deleting the definition of "cultural".

     [""Cultural" means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawaii."]

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

     "§132D-3  [Permissible uses] Use of consumer fireworks[.], prohibited.  [Consumer fireworks may be] It shall be unlawful for any person to set off, [ignited, discharged,] ignite, discharge, or otherwise [caused] cause to explode any consumer fireworks within the State [only:

(1) 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 five thousand individual consumer 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.  (a)  It shall be unlawful for any person without a permit issued under section 132D-10 by a county fire department to:

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

     (2)  Throw any ignited fireworks:

         (A)  From, at, or into a vehicle;

         (B)  At a person or an animal; and

         (C)  From above the first floor of any building; or

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

         (A)  Above the first floor of any building;

         (B)  In any vehicle;

        [(C) At any time not within the periods for use prescribed in section 132D-3;

(D)]  (C)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

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

       [(F)]  (E)  On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

       [(G)]  (F)  Within five hundred feet of any hotel.

     (b)  It shall be unlawful to purchase or possess consumer fireworks [more than five calendar days before the time periods for permissible use under section 132D-3.] within the State.

     (c)  It shall be unlawful to offer, expose for sale, sell, or furnish consumer fireworks [after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July.] to any person within the State.  Any person violating this subsection shall be guilty of a misdemeanor.

(d)  Possession of consumer fireworks valued at $50 or more shall be a presumption that such fireworks were intended to be offered or exposed for sale."

     SECTION 4.  Section 132D-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§132D-6[]]  Exceptions.  The prohibitions in section 132D-5 do 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; [and]

     (2)  The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports[.]; and

(3) Toys or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, provided that they are so constructed that the hand cannot come in contact with the cap when in place for use."

     SECTION 5.  Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

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

     (1)  Import, store, offer to sell, or sell, at wholesale or retail, aerial devices, display fireworks, or articles pyrotechnic[, or consumer fireworks] unless the person has a valid license issued by the county; or

     (2)  Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this chapter."

     SECTION 6.  Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  It shall be unlawful for any licensee, other than a wholesaler who is selling or transferring fireworks or articles pyrotechnic to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks or articles pyrotechnic 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 or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic 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 to have been previously 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]."

     SECTION 7.  Section 132D-8.6, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-8.6  Requirements of licensee.  (a)  Any person who has obtained a license under section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

     (1)  Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

     (2)  Declare on the bill of lading or shipping manifest the gross weight of aerial devices, [consumer fireworks,] display fireworks, and articles pyrotechnic to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

     (3)  Prior to shipment and when booking each shipment of fireworks or articles pyrotechnic notify the appropriate county official as determined by the county regarding whether the shipment will be distributed from:

         (A)  Pier to pier;

         (B)  Pier to warehouse or storage facility; or

         (C)  Pier to redistribution; and

     (4)  At the time shipping is booked, the importer or consignee shall notify the appropriate county official as determined by the county in writing of the expected shipment's landing date.

     (b)  The fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic.

     (c)  The facility in which fireworks or articles pyrotechnic are to be stored shall:

     (1)  Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and

     (2)  Meet all state and county fire and safety codes.

     (d)  Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

     (1)  The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;

     (2)  The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D-7; or

     (3)  The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).

     [(e)  No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks commonly known as firecrackers in a packet size larger than five thousand individual units.  Any person violating this subsection shall be guilty of a misdemeanor.

(f)] (e)  Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

     (1)  Twenty-five pounds or less gross weight shall be a petty misdemeanor;

     (2)  Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

     (3)  Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and

     (4)  More than ten thousand pounds gross weight shall be a class B felony."

     SECTION 8.  Section 132D-9, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-9  Application for permit.  The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable.  The county or its authorized designees 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 consumer 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 or articles pyrotechnic 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 9.  Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

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

(1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;

(2) Any] any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110[; and

(3) Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25]."

     SECTION 10.  Section 132D-12, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-12  Sale to minors; sale by minors; prohibited.  It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic[, except as provided in section 132D-13]."

     SECTION 11.  Section 132D-13, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-13  Liability of parents or guardians.  The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder[, except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult]."

     SECTION 12.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

     SECTION 14.  This Act shall take effect on July 1, 2009.

INTRODUCED BY:

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