HB919.DOC

SECTION 1. Chapter 132D, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:

"§132D- Requirements of shipping companies. Any shipping company that receives fireworks, aerial devices, display fireworks, or articles pyrotechnic that are imported into the State shall notify the appropriate county official, as determined by the county, whether the shipment will be distributed from:

(1) Pier to pier;

(2) Pier to warehouse or storage facility; or

(3) Pier to redistribution.

§132D- Fireworks used in displays; labeling. Each aerial device, display firework, or article pyrotechnic that is a shell, mine, comet, or multiple-tube device, including finale or barrage boxes or Roman candle batteries or cakes, shall bear a permanent label listing the importer's name, address, and contact information. The label shall also list the name and business location of the manufacturer and conform with the following:

(1) The printed matter shall have a printed image at least one-eighth inch high;

(2) The required statements on the label shall be printed in a color contrasting sharply with the background of the label and printed within a borderline;

(3) The label shall be at least nine inches square unless precluded by the size of the aerial device, display firework, or article pyrotechnic, in which case the label may be reduced to a size no smaller than necessary; and

(4) The label shall be submitted to the state fire council for approval.

For purposes of this section, "permanent" means continuing or enduring in the same state, status, or place without fundamental or marked change, fluctuation, or alteration.

§132D- Display inspection. The fire chief of each county is authorized to conduct an inspection of the personnel and site of any display of aerial devices, display fireworks, or articles pyrotechnic. Inspections shall determine compliance with the current adopted county code, and the current editions of the National Fire Protection Association Standards 1123 "Outdoor Display of Fireworks" or 1126 "Pyrotechnics Before a Proximate Audience", which are incorporated by reference. An inspection fee of $200 shall be assessed to the holder of the display permit, which fee shall be separately assessed from the display permit fee. The inspection fee shall be payable by check or money order to the county.

§132D- Display stop order. The fire chief of each county is authorized to immediately revoke or suspend any permit for display of aerial devices, display fireworks, or articles pyrotechnic for the following reasons:

(1) Adverse climatic or atmospheric conditions;

(2) Red flag warnings issued by the National Weather Service; or

(3) Any other conditions the fire chief determines to be potentially hazardous to persons or property."

SECTION 2. Section 132D-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

"Red flag warning" means a weather forecast issued by the National Weather Service that weather conditions associated with the outbreak of wildfire will occur.

"Shipping company" means an entity hired to transport aerial devices, articles pyrotechnic, consumer fireworks, display fireworks, or fireworks, and includes freight forwarders."

SECTION 3. Section 132D-4, Hawaii Revised Statutes, is amended to read as follows:

"§132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices. (a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16.

(b) Display fireworks, articles pyrotechnic, and aerial devices may be set off, ignited, discharged, or otherwise caused to explode only:

(1) From 9:00 a.m. to 9:00 p.m.; or

(2) During other time periods for special events as approved by the county fire chief."

SECTION 4. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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. The application for a license to import aerial devices, display fireworks, or articles pyrotechnic shall include written documentation of any proposed display event, including contact information, for which the importations are being made. 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."

SECTION 5. Section 132D-8.5, Hawaii Revised Statutes, is amended to read as follows:

"§132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display. (a) Aerial devices, display fireworks, or articles pyrotechnic 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 devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory.

(b) Prior to booking shipment for importations under this section, the licensee shall include written documentation of the proposed display event or events, including contact information, to the county fire chief to validate the importing of a three-month or six-month inventory. The licensee shall also provide an inventory breakdown for each proposed display."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	919
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII