Report Title:

Fireworks; Housekeeping Changes

 

Description:

Redefines "display fireworks" to include display fireworks designated as UN0334 by the United States Department of Transportation.  Eliminates permits for acts that are generally prohibited.  Authorizes the setting off of fireworks within 500 feet of a hotel if done by permit.  Prohibits minors from selling fireworks.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2721

TWENTY-FOURTH LEGISLATURE, 2008

 

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 purpose of this Act is to correct a definition, correct language under general prohibitions, and to make clear the minimum age to sell fireworks.

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

     ""Display fireworks" means any fireworks designed primarily for exhibition display by producing visible or audible effects and classified as display fireworks or contained in the regulations of the United States Department of Transportation and designated as UN0333, UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions, and other display pieces which exceed the limits of explosive materials for classification as "consumer fireworks".  This term also includes fused setpieces containing components, which together exceed fifty milligrams of salute power.  The use of display fireworks shall be prohibited for use by any person who does not have a display permit issued by a county."

     SECTION 3.  Section 132D-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  It shall be unlawful for any person [without a permit] to:

     (1)  Remove or extract the pyrotechnic contents from any fireworks;

     (2)  Throw any ignited fireworks from a moving vehicle; or

     (3)  Set off, ignite, discharge, or otherwise cause to explode any fireworks:

         (A)  At any time not within the periods for use prescribed in section 132D-3, unless permitted pursuant to section 132D-10;

         (B)  Within one thousand feet from any operating hospital, convalescent home, home for the elderly, or animal hospital;

         (C)  In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

         (D)  On any highway, alley, street, sidewalk, or other public way; in any park; within fifty feet from a canefield; or within one thousand feet from any building used for public worship during the periods when services are held; except as may be permitted pursuant to section 132D‑10; and

         (E)  Within five hundred feet from any hotel[.], except as permitted pursuant to section 132D-10."

     SECTION 4.  Section 132D-12, Hawaii Revised Statutes, is amended to read as follows:

     "§132D‑12  Sale to minors.  It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, [or] sell, set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 132D-13."

     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:

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