Report Title:

Wildfire Management; Fireworks Prohibited Zones

 

Description:

Allows county fire chief to designate any a fireworks prohibited zone in which no fireworks or articles pyrotechnic may be used upon determination that it would cause a risk to public safety.  (HB2466 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2466

TWENTY-FOURTH LEGISLATURE, 2008

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO WILDFIRE MANAGEMENT.

 

 

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

 


     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-     Wildfire management; fireworks prohibited zone.  To enhance wildfire management, each county, by ordinance, may authorize the fire chief to declare on an ad hoc basis a geographic area within its jurisdiction as a fireworks prohibited zone in which no fireworks or articles pyrotechnic may be used for a designated period of time.  Upon determination that conditions in an area constitute a fire hazard and pose a substantial risk to the public, the fire chief shall declare an area a fireworks prohibited zone no less than

      hours prior to the start of any authorized use of fireworks or articles pyrotechnic.  As used in this section, "fireworks" and "articles pyrotechnic" have the same meaning as in section 132D-2."

     SECTION 2.  Section 132D-17, Hawaii Revised Statutes, is amended to read as follows:

     "§132D‑17  Inconsistent county ordinances, rules.  [Notwithstanding] Except for section 46‑   , notwithstanding any other law to the contrary, no county shall enact ordinances or adopt any rules regulating fireworks or articles pyrotechnic, except as required in this chapter, that [is] are inconsistent with or more restrictive [than,] than the provisions of this chapter.  Any ordinances and rules regulating fireworks or articles pyrotechnic that were enacted or adopted by a county before March 31, 1995, except those provisions [which] that are not inconsistent [with,] with or more restrictive than those of this [chapter,] chapter are declared void."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.