Bill Text: HI SB2483 | 2016 | Regular Session | Amended

---

Bill Title: Fireworks; Shippers; Prohibitions; Labels

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-03-10 - Referred to PBS/TRN, JUD, referral sheet 26 [SB2483 Detail]

Download: Hawaii-2016-SB2483-Amended.html

---

THE SENATE	S.B. NO.	2483
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FIREWORKS.

 

 

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

 

     SECTION 1.  The legislature finds that the transportation of fireworks to, from, and within the State of Hawaii requires the use of multiple modes or methods of transport, including interstate trucking or rail, interstate maritime transportation, intrastate maritime transportation, and intrastate trucking.  The legislature also finds that, given the diversity of transportation processes and modes, it is essential, and in the best interest of the health and safety of the community and the State's first responders, for there to be thorough accounting and reporting on the importation of fireworks shipments.

     The legislature acknowledges that the current law regulating importation of fireworks establishes requirements for licensed individuals or entities in accordance with section 132D-8.6, Hawaii Revised Statutes.  However, to ensure a more comprehensive tracking of all shipments of fireworks imported into the State, additional requirements for those persons or entities defined as "shipper" are necessary.  The legislature notes that the requirements for shipper were inadvertently omitted when this definition was added in a previous legislative session.

     The purpose of this Act is to clarify existing law on fireworks importation by:

     (1)  Delineating the responsibilities of those persons or entities defined as a "shipper";

     (2)  Allowing fireworks to be used in movie or television productions and by those authorized to destroy or test fireworks; and

     (3)  Amending the label size requirement for display fireworks, articles pyrotechnic, and aerial devices.

     SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-    Requirements of shipper.  Any shipper that receives fireworks that are imported into the State or transported between the counties shall notify the county fire chief of the county to which the shipment is destined, prior to shipment, whether the shipment will be distributed from:

     (1)  Pier to pier;

     (2)  Pier to warehouse or storage facility; or

     (3)  Pier to redistribution."

     SECTION 3.  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[.];

     (3)  The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic in a movie or television production with a valid permit issued by a county fire department under section 132D-10; and

     (4)  The testing, disposal, or destruction of illegal or unwanted fireworks by the licensee."

     SECTION 4.  Section 132D-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  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 to include telephone number or electronic mail address.  The label shall also list the name and business address of the manufacturer.  The label shall be approved by the state fire council and conform to the following standards:

     (1)  Numerals and letters of the printed matter shall be not less than one-eighth of an inch high;

     (2)  Required statements shall be printed in a color that contrasts sharply with the background and shall be printed within a borderline; and

     (3)  The label shall measure at least [nine inches by] nine square inches; provided that if the size of the shell, mine, comet, or multiple tube device is too small to correctly display a label of this size, the label may be reduced to a size no smaller than necessary to properly display the information described in this section."

     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.

 

 

 

Report Title:

Fireworks; Shippers; Prohibitions; Labels

 

Description:

Imposes requirements upon shippers of fireworks.  Expands exceptions to the general prohibitions on fireworks.  Amends certain fireworks' label size requirements.  (SD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.