SB172 SD1.DOC

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

"§132D- Labeling of display fireworks. Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, shall bear a permanent label listing the licensee's name, address, and contact information. The label shall also list the name and business address of the manufacturer. The label shall be in conformance with the following:

(1) The printed matter shall have a printed image at least one-eighth of an inch high, but the printed matter is not required to be in capital letters;

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

(3) The label shall measure at least nine inches by nine inches; provided that if the size of the shell is too small, the label may be reduced to a size no smaller than necessary; and

(4) The label shall have been approved by the state fire council.

§132D- Display site inspection. The fire chief is

authorized to conduct inspections of the display personnel and sites within the fire chief's county. Inspections shall determine compliance with the current adopted county code for the respective county and the current editions of the National Fire Protection Association's standard 1123 "outdoor display of fireworks" and standard 1126 "pyrotechnics before a proximate audience". An inspection fee of $200 shall be assessed by the county upon the permit holder and shall be separate from the display permit fee under section 132D-10.

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

(1) Adverse climatic or atmospheric conditions;

(2) The issuance of red flag warnings; or

(3) Any other conditions determined to be potentially hazardous to persons or property."

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

""Permanent" means the affixing to the object by glue or other means in a manner that is intended to not be easily removable.

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

"Shipper" means an entity or person, including freight forwarders, that is hired for the transport of aerial devices, articles pyrotechnic, consumer fireworks, display fireworks, or fireworks."

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 within the State from 9:00 a.m. to 9:00 p.m.; provided that the fire chief may extend the time period for special events."

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 the proposed display event and related contact information. 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-8.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any shipper and 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, aerial devices, display 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

(4) Prior to booking shipment, the licensee shall provide to the fire chief:

(A) Written documentation of the proposed display event or events and related contact information to allow the fire chief to validate the importation of a three-month or six-month inventory; and

(B) An inventory breakdown for each proposed display; and

[~~(4)~~] (5) 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."

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.

THE SENATE	S.B. NO.	172
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII