SB641.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‑ Permanent label on display fireworks; requirements. (a) Each shell, mine, comet, and multiple tube device, including finale, barrage boxes, and roman candle batteries or cakes, shall bear a permanent label containing language that bears:

(1) The importer's name, address, and contact information; and

(2) The name and business location of the manufacturer.

(b) The permanent label shall be not less than nine inches square; provided that if the size of the shell is too small to accommodate a nine inch square label, the permanent label may be of a size no smaller than is necessary to fit on the shell. The printed words shall be not less than one-eighth of an inch high.

(1) Be printed in a color that contrasts sharply with the background; and

(2) Contain a borderline surrounding the words on the label.

(d) The permanent label shall be submitted to the state fire council for prior approval.

(e) For purposes of this section, "permanent" means the affixing to the object by glue or other means in a manner that is intended to not be easily removable.

§132D‑ Requirements of shipping companies and freight forwarders. A shipper or freight forwarder that transports fireworks or articles pyrotechnics into the State shall provide advanced notification to the appropriate county official, as determined by the county, of any shipment destined to be shipped or transported to that county. The notification shall indicate whether the shipment or freight is from pier to pier, pier to warehouse or storage facility, or pier to redistribution location.

§132D‑ Inspection of display setup; fee. (a) On the day of a display, the fire chief of the county in which the display occurs may require an inspection of the display setup to ascertain whether the display complies with:

(1) The current county code; and

(2) The currently adopted edition of the National Fire Protection Association Code for Fireworks Display, also known as NFPA 1123; or

(3) The currently adopted edition of the National Fire Protection Association Standard for the Use of Pyrotechnics Before a Proximate Audience, also known as NFPA 1126.

(b) There shall be a fee for each inspection of a display setup in the amount of $200 that shall be paid by the person or company sponsoring the display. The fee shall be paid to the county in which the display occurs, and shall be used to defray the salary of the fire inspector conducting the inspection of the display setup."

SECTION 2. Section 132D-7, Hawaii Revised Statutes, is amended to read as follows:

"§132D-7 License or permit required[.]; presentation of proof. (a) A person shall not:

(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial devices, display fireworks, 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.

(b) A licensed retailer shall not purchase aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks from a person who is not duly licensed under subsection (a). Prior to acceptance of a delivery of aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks, a licensed retailer shall require a licensed wholesaler or distributor to present to the licensed retailer sufficient identification and proof of a current license under subsection (a) to confirm that the identification matches the name on the license."

SECTION 3. Section 132D-8, Hawaii Revised Statutes, is amended by amending subsections (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~~]:

(1) Specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year[.]; and

(2) Include written documentation to indicate each proposed display to which the license applies, if the license is to import aerial devices, display fireworks, or articles pyrotechnic.

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."

SECTION 4. 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 importing aerial devices, display fireworks, or articles pyrotechnic under subsection (a), the licensee shall provide written documentation to the fire department of the county of the final destination of the shipment of aerial devices, display fireworks, or articles pyrotechnic. The written documentation shall:

(1) Specify the display to which the shipment pertains;

(2) Include a detailed inventory breakdown of the contents of the shipment for each display; and

(3) Include information sufficient to verify that the shipment contains only as many aerial devices, display fireworks, or articles pyrotechnic for a three-month or six-month inventory, as applicable."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	641
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII