Bill Text: HI SB2553 | 2010 | Regular Session | Introduced

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Bill Title: Fireworks

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-25 - (S) Referred to PSM/TIA, JGO. [SB2553 Detail]

Download: Hawaii-2010-SB2553-Introduced.html

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THE SENATE	S.B. NO.	2553
TWENTY-FIFTH LEGISLATURE, 2010
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 although the use of firecrackers has a long cultural history in Hawaii, novelty fireworks other than firecrackers have no cultural significance.  Increasing numbers of residents have complained about the burgeoning illegal use of aerial fireworks and concussive explosions, the amount of smoke caused by the increasing use of fireworks, and the fire hazards posed by fireworks.

     Many of the aerial fireworks being used illegally appear similar to display fireworks or articles pyrotechnic that are supposed to be used by professionals.  Many of the concussive explosions may be caused by the unintended use of novelty fireworks, such as electric sparklers, and other materials in manufacturing illegal concussive bombs.

     The loud booms of concussive bombs, as well as other fireworks, bother people, scare animals, and have been blamed for the deaths of dogs and seabirds.  The smoke from fireworks cause breathing problems for people with asthma and other respiratory problems.  Fireworks smoke consists primarily of particulate matter that can aggravate respiratory problems.  While air quality in Honolulu averages four to fifteen micrograms of particulate matter per cubic meter of air, the Honolulu air quality monitor recorded six hundred thirty-two micrograms per cubic meter of air at 2:00 a.m. on January 1, 2010.  That is forty‑two to one hundred fifty‑eight times the usual average.

     Fireworks have also caused numerous wildfires and house fires throughout the years.  There were thirty-seven fires, including one vehicle fire, on Oahu alone reported for January 1, 2010, and attributed to the misuse of fireworks.

     People currently may pay $25 for a permit to purchase a packet of five thousand firecrackers.  In 2009, more than eight thousand permits were issued by the city and county of Honolulu.  However, the sale of novelty fireworks, such as fountains and paperless firecrackers, are unregulated.  Novelty fireworks emit enormous amounts of smoke and, in some cases, pose a greater fire hazard than firecrackers.

     Given the increasing problems caused by novelty and illegal fireworks, the legislature finds it necessary to prohibit the importation, sale, use and possession of novelty fireworks and to authorize the counties to require that permit applicants show proof of contracts for fireworks displays to the counties or their designees before being allowed to import aerial devices, display fireworks, or articles pyrotechnic.

     The purpose of this Act is to regulate novelty fireworks.

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

     ""Firecrackers" means single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter inch in diameter and that contain a charge of not more than fifty milligrams of pyrotechnic composition.

     "Novelty fireworks" means any fireworks designed primarily for use by the public and that produce visible or audible effects by combustion 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.  Novelty fireworks include, but are not limited to, snakes, sparklers, fountains, 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."

     SECTION 3.  Chapter 132D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§132D-A  Restrictions on novelty fireworks.  (a)  Importers of novelty fireworks shall provide to the county evidence of a valid contract for purchase by a retailer of the novelty fireworks prior to importing the novelty fireworks.

     (b)  As a prerequisite to the purchase of novelty fireworks, a person shall obtain a novelty fireworks permit from the county in which the person resides.  Application for a permit shall be made by mail or electronic means no later than twenty days prior to the date of the intended use.  If application is made electronically, the applicant shall submit a clear electronic image or a scan of the applicant's government-issued photo identification.  If the application is made by mail, the applicant shall submit a photocopy of the applicant's government-issued photo identification.

     (c)  A county may assess a nonrefundable fee of $20 for a novelty fireworks permit to allow the applicant to purchase up to $100 of novelty fireworks.  The applicant shall pay the permit fee and the amount to be used by the applicant up to the $100 maximum for the purchase of novelty fireworks in the manner prescribed by the county.  Upon payment of the foregoing, the county shall issue a purchase card with the individual's name emblazoned on the front and a magnetic strip on the back preloaded with the dollar amount that the individual paid to the county for the purchase of novelty fireworks.  The purchase card shall be deemed to be the permit to purchase novelty fireworks.  The purchase card shall be nontransferable. 

     (d)  A county may deny issuance of a novelty fireworks permit to any applicant who has violated any provision of this chapter.

     (e)  There shall be issued only one novelty fireworks permit per household, without regard to the number of family members comprising the household.  A household shall mean a single family residence, one unit of a duplex or multiplex, a townhouse unit, or an apartment unit.

     (f)  A county shall mail the purchase card to the home address of the applicant as indicated on the application; provided that no purchase card shall be mailed to a post office box or business address.  Any unused moneys in a purchase card may be redeemed by mailing the purchase card to the county to receive a refund.  A purchase card may be reloaded with an additional amount of $100 if the person to whom the purchase card was issued pays an additional fee of $20 and all other applicable provisions of this chapter remain satisfied or are satisfied.

     (g)  A county shall use novelty fireworks permit fees to:

     (1)  Defray expenses associated with the novelty fireworks provisions of this chapter as may be incurred by the county;

     (2)  Conduct activities to enforce the provisions of the novelty fireworks law, including:

          (A)  Inspecting incoming shipments or containers pursuant to section 132D-8.6;

         (B)  Monitoring retailers of novelty fireworks;

         (C)  Conducting unannounced and random inspections of retailers of novelty fireworks; and

         (D)  Conducting law enforcement activities designed to apprehend people who are in violation of the novelty fireworks law, including sting operations.

     §132D-B  Novelty fireworks; responsibility of retailers.  (a)  A retailer may sell novelty fireworks only to persons presenting to the retailers a novelty fireworks purchase card issued under section 132D-A, if the purchaser also presents a government-issued photo identification that corresponds to the name on the purchase card.

     (b)  A retailer of novelty fireworks who sells novelty fireworks to anyone who has not been issued a novelty fireworks purchase card as required in section 132D-A shall be subject to a fine as follows:

     (1)  For the first violation occurring in each calendar year, a fine $1,000; and

     (2)  For a second and subsequent violation occurring in each calendar year, a fine of $2,000 for each violation; provided that in addition, the county may confiscate the retailer's novelty fireworks sales permit.

     (c)  A retailer of novelty fireworks shall pay to the county in which the retailer sells novelty fireworks a deposit of $5,000 for each retail outlet from which novelty fireworks are sold.  A retailer shall be entitled to a refund of the amount of deposit, less any fines assessed upon the retailer under this chapter, upon termination of the business.

     (d)  A retailer shall be required to provide any electronic equipment necessary to implement section 132D-A.

     (e)  Retailers shall accept payment for novelty fireworks, including excise taxes, solely by means of a purchase card."

     SECTION 4.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "consumer fireworks" to read as follows:

     ""Consumer fireworks" means any fireworks that is designed primarily for retail sale to the public during authorized dates and times[,that produces visible or audible effects by combustion,] for use by the public, 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.], including firecrackers and novelty fireworks.  "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 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.]"

     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, 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[.]; or

     (3)  Purchase novelty fireworks for setting off, igniting, discharging, or otherwise causing to explode without a valid permit issued by the county."

     SECTION 6.  Section 132D-16, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  The application shall state, among other things:

     (1)  The name, age, and address of the applicant;

     (2)  The name, age, and address of the person who will operate the display, and verification that the person is a licensed pyrotechnic operator;

     (3)  The time, date, and place of the display[;], including proof of a current contract between the applicant and a third party for a particular event connected with the display;

     (4)  The type and quantity of aerial devices, display fireworks, or articles pyrotechnic to be displayed; and

     (5)  The purpose or occasion for which the display is to be presented.

      2.  By amending subsection (d) to read:

     "(d)  The county, pursuant to duly adopted rules, shall issue the permit after being satisfied that the requirements of subsection (c) have been met, the display will be handled by a pyrotechnic operator duly licensed by the State, the display will not be hazardous to property, and the display will not endanger human life.  The permit shall authorize the holder to display aerial devices, display fireworks, or articles pyrotechnic only at the place and during the time set forth therein, and to acquire and possess the specified aerial devices, display fireworks, or articles pyrotechnic in quantities sufficient for the display between the date of the issuance of the permit and the time during which the display of those aerial devices, display fireworks, or articles pyrotechnic is authorized.

     For purposes of this section, the applicant for a permit shall be required to:

     (1)  Notify the county fire department immediately of a cancellation of the contract required under subsection (b)(3); and

     (2)  Cooperate with the county fire department in inspections of inventory prior to, during, and after fireworks displays."

     SECTION 7.  In codifying this section, the revisor shall substitute appropriate section numbers for the letter designations used in section 3 of this Act.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Fireworks

 

Description:

Regulates novelty fireworks; defines novelty fireworks; clarifies regulation of display fireworks.  Provides for issuance of purchase card to buy novelty fireworks.

 

 

 

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