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HomeMy WebLinkAboutBIL 334 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII _ BILL NO. 334 ORDINANCE NO. A BILL FOR AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAI`f COUNTY CODE 1983 (1995 EDITIONi RELATING TO FIREWORKS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1: SECTION 1. Chapter 14, article :i, relating to fireworks is repealed in its entirety. SECTION 2. Chapter 14 of the Fawai`i County Code 1983 (1995 Edition) is amended by adding a new article 5 relating to fireworks and its fees and penalties, to read as follows: "Article 5. Fireworks. Section 14-25. Title. This article shall be known as the Fireworks Code and shall apRl, t~ o the importation, storagepossession, sale, nurchase, transfer and discharge of fireworks within the Count~of Hawaii. Section 14-26. Definitions. ~ Whenever used in this article, unless the context otherwise requires: "Aerial common firework" means anv firework, classified as in the regulations of the United States Bureau of Explosives or contained in the r~ulations of the United States Department of Transportation anti designated as UN 0336 1.4G. which produces an audible or visible effect and which is designed to rise into the air and explode or detonate in the air -1- or to flv about above the Around and which is prohibited for use by any person who does not have a permit for public display issued by the county under section 132D-16, HR.S. "Aerial common fireworks" include firework items commonly known as bottle rockets, sky rockets, missile-twe rockets helicopters, torpedoes, dayvo bombs, roman candles, flyin¢ Hies, and jumpingjacks, which move above the ground farther than inside a circle with a radius of twelve feet as measured from the point where the item was placed and ignited aerial shells, and mines. "Bill of lading" means a document evidencing the receipt of og ods for shipment issued by a person eng_aeed in the business of transporting or forwarding~oods, and includes an airbill. "Airbill" means a document serving for air transportation, and includes an air consignment note or air way bill. u "Common fireworks" means any firework designed primarily for retail sale to the public duringprescribed dates and which produces visible or audible effects through combustion and which is classified as common fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated as UN 0336 1.4G. "Consignee" means the person named in a bill to whom or to whose order the bill promises delivery. f,5~ "County Fire Code" mean:; the "Uniform Fire Code, 1988 Edition" (UFCI, and the "1989 and 1990 Uniform Fire Code Supplements," as copvri hg ted and published by the Western Fire Chiefs Association and the International Conference of Building 01'ficials. -2- "CountXSafety Code" means the "Uniform Building Code 1994 Edition" as co~~riehted and publish~'d by the International Conference of Building Officials. "Cultural" means relating to the arts customs traditions mores, and history of all of the various ethnic groups of Hawai` i. "Department" means the fire department of the County of Hawaii. (9 "Fireworks" means any combustible or e~losive composition or a~ substance or combination of substances or article~re~ared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Departm~°nt of Transnortation and designated as UN 0335 136 or UN 0336 1.46. The term "fireworks" shall not include automotive safety flares, nor shall the term be construed to include t~ pistols toy cannons, toy ~~~„~,~v ponners nop-its or other devices which contain twenty-five hundredths of a Grain or less of explosive substance The term "fireworks" also shall include any explosives and pyrotechnics regulated under chapter 396 Hawaii Revised Statutes. f l Oj "Firing area" means the area for public display selected for the discharge of aerial shells. This area shall be located so that the trajectory of the shells will not come within twenty-five feet of any overhead object and rg ound display nieces shall be located at a minimum distance of seventy-five feet from spectator viewin¢ an~as and parkins areas. Exception: For movable rg ound pieces with greater hazard potential (such as large wheels with powerful drivers, roman candle batteries and items emplo~g lame saluted the minimum separation distance shall be increased to one hundred -3- twenty five feet per National Fire Protection Association Standard 1123 "Outdoor Di~lav of Fireworks" 1995 Edition. 11 "Import" (and any nounal, verbal adiectival adverbial, and other equivalent form of the terrri used interchangeably in these ruled means to bring or attempt to brine fireworks into the State or to cause fireworks to be brought into the State. 12 "License" means a nontransferable formal authorization valid for a period not to exceed one year from the date of issuance to March 31 of the. following year and which the deparhnent is hereby authorized to issue under chapter 132D Hawaii Revised Statutes to engage in the act or acts ~ecifically designated herein. 13 "Non-aerial common fireworks" means anX firework classified as common fireworks by the United States Bureau of Explosives or contained in the re¢ulations of the United States Department of Transportation and designated as UN 0336 L4G which produces an audible or visible effect and which is designed to remain on or near the ground and which, while stationary or spinning raps d~ on or near th~round emits smoke, a shower of colored sparks whistlingeffects flitter sparks or balls of colored sparks and combination items which contain one or more of these effects-_ "Non-aerial common fireworks" includes firework items commonly known as firecrackers which are ,Ingle paper cylinders not exceeding one and one-half inches in diametar containing a charge of not more than f~ mill rams of ~yrotechnic composition snakes sparklers fountains, and cylindrical or cone fountains which emit effects to a hei hg t not r¢ eater than twelve feet above th ~ ground illuminating torches, bamboo cannons, whistles toy smoke devices wheels and round spinners which when i~urrited remain within a circle with a radius of twelve feet as measured from -4- the point where the item wa~laced and ienited novel or trick items, combination items, and other fireworks of like construction which are designed t_produce the same or similar effects. 14 "Non-profit community Qrouro" means an organization of which no Dart of the income or profit is distributable to its members directors, or officers. f 15~ "Permit" means a nontransferable formal authorization valid for a roeriod not to exceed one calendac~ear from the date of issuance and which a county is authorized to issue under chanter 132D Hawaii Revised Statutes, to engage in the act or acts~ecifically designated herein. 16 "Person" means an individual o~anization corporation club sole proprietor_,_partnership. establishment or other similar organization or enti j 17~ "Public display" means a public exhibition and the use of fireworks for commercial activities (includins such activities as movie or television productionl. "Pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of fireworks. "Sroecial fireworks" means andfirework designed primarily for exhibition disrolav by producine visible or audible effects and classified as special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and desgnated as iJN 0335 ] 3G and which are prohibited for use by any person who does not hay e a displav roermit issued by the county. 20 "State fire code" means the State Model Fire Code as adopted by the State of Hawaii on March 27. 1992 pursuant to chapter 132 Hawaii Revised Statutes, which model code adopts with modifications, the "Uniform Fire Code 1988 Edition" (UF~~ and the "1989 and 1990 Uniform Fire Code -5- Sunnlements " as convrighted and published by the Western Fire Chiefs Association and the International Conference of Building Officials. 21 "Unit" means one individual firecracker. Section 14-27. General license provisions. ~ Andperson desiring_to import, store offer to sell or sell, at wholesale or retail, aerial common fireworks, special fireworks or non-aerial common fireworks, or any nerson desiring_to possess aerial common fireworks or special fireworks within the Coin of Hawaii shall obtain a license issued by the department. A license may only be issued to a person eighteen years of age or older. ~ Licenses are non-transferable. u Licenses are valid only from the sate of issuance or effect to March 31 of each ~ear• ~ Licenses shall be nrominentlx displayed in public view and secured at the location for which the license has been issued. ~1 It shall be unlawful for andperson other than a wholesaler who is selling or transferring fireworks to a licensed retailer to sell or offer to sell andfireworks at a~ time to any~erson who does not present apennit dulXissued as reauirea bvby sections 14-29. The permit shall be signed by the seller or transferor at the time of sale or transfer of the fireworks, and the seller or transferor shall indicate on the permit the amount and tune of fireworks sold or transferred: No fireworks shall be sold or delivered to any_permittee in any amount in excess of the amount specified in the Hermit less the amount shown on the permit previously to have been~urchased: and -6- No fireworks shall be sold tu~ermittee holding a permit issued for uurooses of section 14-29, more than five calendar days prior to the desienated periods for use as set forth in section 14-29. ~ Persons to whom licenses are issued shall comply with the applicable provisions of section 14-29 and with all applicable federal, state, and coup laws. A separate license is required for importation. A separate license is also required for each storage, wholesaling and retailing site. If a licensee fails to comply with t}te requirements of these rules, chapter 132D, Hawaii Revised Statutes or applicable county laws, or if the department determines that the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard the department may immediately oke the license. If the department discovers at a later date that a licensee has been convicted of a felonkunder chapter 132D, Hawaii Revised Statutes, the department shall revoke the licensee's license and no new license shall be issued to the licensee for a period of two years from the date of the license revocation. Section 14-28 Applications for licenses. ~ Auplications for licenses to import store offer to sell, or sell, at wholesale or retail aerial common fireworks, suecial fireworks, or non-aerial common fireworks or applications for licenses to possess aerial common fireworks or suecial fireworks within the County of Hawaii maybe obtained at the department or at those locations so desi ng ated by the fire chief of the department. A sample license application marked "Exhibit A" entitled "Fireworks License " is made a cart of this section and is attached hereto. -7- A~piications for all licenses shall be submitted to the department at least twenty working days from the date on which importing storage wholesaling or retailing activities would beein. ~ The fee for each license is payabl<; by check or money order to the County Director of Finance and must be submitted to the deparhnent with the application. The fee is non-refundable and cash will not be accepted. The fee for each license required under this section shall hie for each year, fraction of a year, or event in which the licensee plans to condi,ct business in the County of Hawaii where the permitted activity is to occur. The fee schedules are as follows: $3.000 for each importer; $2,000 for each wholesaler's site; $1,000 for each storage site: and $500 for each retailer's site. The department shall provide an exemption from the fees to nonprofit community groups for importation and storage of fireworks for displays once a year. ~ Completed applications for licenses maybe delivered in person during business hours from 8:00 a.m. to 4:00 p.rn. or mailed to the department or to those locations so designated b ty he f re chief of the department. The application must include aself-addressed envelope of adequate size and sufficient postage. uI The department shall determine whether or not to issue the license. Licenses or denials of licenses will be mailed to the applicant by the department. ~ Applications for all licenses shall state the followine: The date of the application and the name, address, telephone number, and age of the ap~rlicant: If the applicant is a sole proprietor, the name of the proprietor; If the applicant i> a partnership, the name of the partnership and the names of all partners: or -8- If the ~plicant is a corporation the name of the corporation and the names and titles of its officers: u If the license is to import fireworks the application shall also include the followine: The address of the location of the importer; The date upon which importation will be ig n; and Class and estimated quantity of fireworks to be imported; If the license is to store, of2er to sell or to sell fireworks the application shall also include the followin¢: The date upon which the stora¢e sale or offers for sale will begin; The address of the location of the licensee; The address where the fireworks will be stored. and the address where the sales or offers to sell will occur. The name of the prc~rietor, or, If apartnership, the name of the~artnership and the names of all partners, or, If a corporation, the name of the corporation and the names of its officers. An ~me prior to or followine the issuance of a license the department may at its discretion inspect the~roposed location where the fireworks will be stored or sold, at wholesale or retail to ensure that the applicant is in compliance with the State Fire Code County Fire Code and County Safety Code. The department may deny a license if the applicant is not in compliance with the requirements of these rules or chapter 132D Hawaii Revised Statutes. fj~ If the department discovers at a later date that a licensee has been convicted of a felony under chapter 132D Hav~ai`i Revised Statutes the licensee's license shall -9- be revoked and no new license shall be issued to the licensee for a period of two years from the date of the license revocation Section 14-29. Fireworks permit. u Tunes of permits: u The followi~ tunes of fireworks permits are available to the public: Permits for the purchase of an~non-aerial common fireworks may be issued for events set forth in section 14-29(bl: Permits for the purchase and use of anv non-aerial common fireworks maybe issued for cultural purposes or events as set forth in section 14-29(bl: Permits for the purchase and use of aerial common fireworks s,__pecial fireworks. or both, may be issued when the aerial common fireworks, special fireworks or both are to be set off, i ng itecl or dischar eg d for public disnlays. Permits for permissible uses ofnon-aerial common fireworks. Permits are required for the purchase of non-aerial common fireworks commonly called firecrackers Non-aerial common fireworks may be used within the Count of Hawaii duringthe followingperiods: From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Dav; From 7:00 a.m. to 7 00 p m on Chinese New Year's Day; and From 1:00 p.m. to 9.00 p m. on the Fourth of Julv. Permits are required if the proposed cultural use of non-aerial common fireworks is to occur at anv time not specified in subsection (aLpermit issued pursuant to this subsection authorizes the nurchase and use of non- aerial common fireworks from 9.00 a m. to 9:00 p.m. on the date far which -10- the Hermit is issued: provided that not more than 5,000 individual non-aerial common fireworks shall be allowed under each permit. ~ Permits for the permissible uses of aerial common fireworks and special fireworks. Aerial common fireworks and snec•ial fireworks maXbe purchased, set off, ignited. or otherwise caused to explode within the Count~of Hawaii only if for public display and permitted in writine nursuant to section 14-30(dl. General permit provisions. Any n~°rson desiring a Hermit as described in section 14-29(a2sha11 obtain a permit issu°d by the department. The following_provisions shall apply to all permits: A Hermit maXonlXbe issued to a person e~hteen years of a eg or older. An application for a permit may be issued to an~nerson for cultural purposes. Permits are nontransferable, Permits are valid only whe~~ the fireworks are used at the site, time, and date so indicated on the permit. Permits shall be prominently dishlaved in public view at the site on the day at the time of the firine. A.permit maybe denied if the proposed use of fireworks presents a substantial inconvenience to the nublic or presents an unreasonable fire or safety hazard. If the permittee fails to remain in compliance with the requirements as set forth in these rules or in chapter 132D Hawaii Revised Statutes, the ~artment may immediate revoke the hermit. The date of issuance or effect and the date of expiration shall be noted on the Hermit but in no case shall the expiration date exceed the period of one year from the date of issuance or effect of the permit. -11- Section 14-30 Application for permits. ~ The followingprovisions shall appl t~ o all permit ~lications: u Aprolications for~ermits shall be obtained at the d~artment or at those locations so designated by the fire chief of the department. Comroleted applications for permits maybe delivered in person duri business hours from 8:00 a.m to 4.00 p m. or mailed to the department or at those locations so designated by the fire chief of the department. The aprolication must include aself-addressed envelope of adequate size and sufficient postaee. The department shall determine whether or not to issue the permit. Permits or denials of~ermit applications will be mailed to the applicant by the department. Permits for th~urchase ofnon-aerial common fireworks for desi nated periods prescribed in section 14-29 relatin g_to New Year's Chinese New Year and the Fourth of Julv. Applications forpermits to purchase non-aerial common fireworks for use during the desi ng ated periods prescribed in section 14-29(b) shall be in writing siened by the applicant and shall include: Name age, telephone number and address of the person and permittee if different Name(sl of the organization's corporation's club's establishment's. or other entity's proprietor(s) partner(sl or officers and verification that the~erson makine the application is the authorized went of the entity: Date of the permitted activity; Location where the permitted actives is to occur; and _12_ Estimated quantit,Lfnnn-aerial common fireworks to be used under the hermit, but not exceeding 5.000 units. A sample application marked as "Exhibit "B." entitled "Permit To Use/Purchase Fireworks-Form 1." is attached. The fee for this permit is $25 p~able to the County director of finance, is non-refundable and must be submitted at the time of the application. No cash will be accepted. Any_purchase ofnon-aerial common fireworks with a permit issued pursuant to this section shat l not occur more than five calendar days np 'or to the desi ng ated periods for use as set forth in section 14-29(bl. A permit issued pursuant to this section shall not allow purchase of non- aerial common fireworks for more than one event as set forth in section 14- 29b. ~ Permits for the~urchase ofnon-aerial common fireworks for proposed cultural use during time periods other than designated time periods prescribed in section 14-29 b . U The application shall be in writing si ng ed by the applicant and shal l include the following: Name, age telephone number and address of the person and permittee, if different Name(s) of the organization's corporation's, club's establishment's, or other entity's proprietor(s) partner(s) or officer(s) and verification that the person maki~ the application is the authorized agent of the enti Name, address, telephone number and age of the person who will supervise the use of the non-aerial common fireworks: -13- l~ Estimated quantity ofnon-aerial common fireworks to be used under the permit, but not exceeding 5,000 units: and l~ Date, time period and proposed cultural use of the non-aerial common fireworks. A sample application is marked as "Exhibit C," entitled "Permit To Use/Purchase Fireworks-Form 2," is made part of this section and is attached. A person, including the proprietor. partner, corporate officer or duh~ authorized agent of any ten~le, cemetery, or any cultural association, lion dance club, or other similar organization desiring to purchase, discharge, fire, or explode non-aerial common fireworks for cultural purposes or occasions, or desirin tg o provide for the discharging firing or explodin~of non-aerial common fireworks by members of their organizations, clients, matrons or customers, for cultural purposes or occasions may_obtain a permit pursuant to this subsection. The fee for this permit is $25,pavable to the County director of finance is non-refundable and must be submitted at the time of the application. No cash will be accepted. A permit issued pursuant to paragraph 2 of this subsection shall not allow purchase ofnon-aerial common fireworks for more than one event. A permit may be issued to an establishment for the use ofnon-aerial common fireworks at the establishment during th~eriod of the permit. Such permit may allow the establishment to purchase non-aerial common fireworks for cultural purposes specified in the permit. -14- f A~ The fee for this perrr~it is $25 savable to the County director of finance, is non-refundable. and must be submitted at the time of the ~lication. No cash will be accepted. B~ The time period of the Hermit for the establishment shall not exceed six months. Any.purchase ofnon-aerial common fireworks with apermit issued pursuant to this section shall not occur more than five calendar davs prior to the desi ng ated periods for use as set forth in section 14-29(b ,and as stated on the permit. Permits for aerial common fireworks for special fireworks known as Public Displav Permits. A permit may be issued to t~urchase and set off, ignite, or discharee aerial common fireworks, special fireworks, or both, for a public displav. The application shall be in writing si ng ed by the applicant and state the followine: The name, age, and address of the applicant; The name, age, and address of the person who will operate the displav. and verification that the person is a licensed pyrotechnic aerator as dullauthorized by the State of Hawaii; l~ The time date and plot plan of the place for the displav: The type and quantity of aerial common fireworks, special fireworks, or both, to be displayed; and The purpose or occasion for which the displav is to be presented. A sample application is marked as "Exhibit D." entitled "Permit for Public Displav of Fireworks." is made a part of this section and is attached, -15- An application for a public display Hermit shall be submitted to the denartment not less than twenty working, dambefore the proposed date of the public disnlav. The fee for this permit is $110 for each year or fraction of a year in which the permittee plans to conduct business,pavable by check or move oy rder to the County director of finance is non-refundable, and must be submitted with the application. No cash will be accepted. No public display permit shall be issued unless the applicant presents, at the annlicant's option either A written certificate of an insurance carrier or a policy providing for the ~ayment of dam;i¢es in the amount of not less than $5,000 for iniurv to, or death of any~erson, and subject to the fore og ins limitation for one nerson• in the amount of not less than $10,000 for iniurv to, or death oi' two or more persons: and in the amount of not less than $5,000 for dame to property, caused by reason of the authorized display and arising_from any_tortious acts or negligence of the permittee, the permittee's agents, em~lovees, or subcontractors. The certificate shall state that the~olicy is in full force and effect and will continue to be in full force and effect for not less than ten days after the date of the public display: or The bond of a suret<~ company duly authorized to transact business within the State, or ~i bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond or a deposit of cash, in the amount of not less than $10,000 conditioned upon the payment of all dtunaees that may be caused o any~nerson or ~rooerty by reason of the authorized disnlav and arising from any tortious acts or negligence of -16- the permittee, the permittee's agents em~loyees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the~ublic displace The department may require coverage in amounts greater than the minimum amounts set forth in para¢r~iph (51 of this subsection if deemed necessary or desirable in consideration of such factors as: Location and scale of the display: ape of aerial common fireworks special fireworks or both to be used: and Number of spectators erected. Prior to the issuance of a public display Hermit and at the discretion of the deparhnent an inspection of the proposed firm area may be required. Inspections when conducted shall ascertain compliance with National Fire Protection Association Standards 1123 entitled "Outdoor Display of Fireworks" or 1126 entitled "P~rotecnhics Before A Proximate Audience;' 1995 Edition, which are incomorated herein by reference. A public display permit maybe denied b ty he department if the requirements imposed by this article or chapter 132D, Hawaii Revised Statutes are not met. Notwithstanding the foreeoin¢ any public display_permit issued by the department may be revoked or suspended immediatel~bv the department for the following reasons: The climatic atmospheric or other conditions on the day of the proposed firing ma} reasonably be believed to make the use of aerial common fireworks, special fireworks or both hazardous to persons or property: or -17- Any requirement imposed by this article or chapter 132D, Hawaii Revised Statutes, or any condition of the permit necessary to minimize the dancer to persons or property is not met. Section 14-31. Importation, bill of ladies, notification and storaEe. ~ Licensee's duty of notification. Any~erson who has obtained a license pursuant to section 132D-7, Hawaii Revised Statutes, and ships fireworks into the County of Hawaii shall: Clearly desi ang to the types of fireworks in each shipment on the bill of lading or shipping manifest. Declare on the bill of lading or shaping manifest the rg oss wei ht of aerial common fireworks non-aerial common fireworks, and special fireworks to be imported in each shipment. Declare on the bill of lading or shipping manifest the location of the storage facility, if applicable in which the fireworks are to be stored. f D~ Prior to shipment, notify the fire chief of the department regarding whether the shipment will be distributed from: Pier to bier; ii Pier to warehouse or storap_e facility; or iii Pier to redistribution. At the time shippins is booked the importer or consignnee shall notify the fire chief of the department in writing of the expected shipment's landine Sate. Discretionary inspection of shipment of fireworks. The department shall he allowed to insect, if it chooses, an,LShipment declared on the shipping manifest as fireworks when a shipment of fireworks has landed and becomes subject to the jurisdiction of the deRartment. -18- Approval to store fireworks. The facility in which fireworks are to be stored must: Obtain the approval of the department fifteen days prior to the shipment's amval; and Satis the requirements of the State Fire Code. County Fire Code and County Safety Code. l~ Importation of aerial common fireworks s,~ecial fireworks or both, for public display Aerial common fireworks special fireworks, or both, shall only be imported and stored, if necessary, n an amount sufficient for an antic~ated three-month inventory except that if a licensee under section 14-28 provides aerial common fireworks, special fireworks or both for public displays as allowed under sections 14-30~d) more than once a month the licensee m~ import or storca if necessary sufficient aerial common fireworks special fireworks or both for asix- month inventory Section 14-32. Appeals. Ri¢ht to a hearing. Whenever the department denies suspends or revokes a firework license or permit under these rules and regulations the department shall immediately notify the~plicant licensee orpermittee in writing either by registered or certified mail with return receipt requested of the departments' decision and the right of the applicant licensee or permittee, to a hearine• Section 14-33. Filine of a petition. ~ The applicant licensee or permittc;e shall have ten calender dam from the date of receipt of the d~artment's decision denyine the issuance of a license or permit or revoking or suspending a license or permit to file a written petition of appeal for a -19- hearing with the fire chief. Appeals submitted after the time limits prescribed in this section will be considered untamely• Petition of appeals shall be filed with the fire chief, Hawaii Coun Fire Department 777 Kilauea Avenue. Mall Lane Room 6, Hilo. Hawaii 96720. ~ The petition of appeal shall contain the following information: Petitioner's name, address, and telephone number. The issue on appeal. A statement of the relevant facts. The remedy sought including the rationale and legal basis in support of the requested remedy. (5 Petitioner's signature and the date thepetition is submitted to the fire chief, of the County of Hawaii. Section 14-34. Hearin. ~ Within ten calendar days from the filing_of a petition of appeal the fire chief or a designated hearing officer shall notify the petitioner in writing as to the date time and place of the hearing_b~rggistf;red or certified mail with return receipt rectuested The petitioner shall be given written notice of hearing at least f fifteen days prior to the hearing. The notice of hearin¢ and hearing shall be in conformity with the provisions of chapter 91 Hawaii Revised Stattites relating to contested cases. Section 14-35. Des nation of hearing officer. The fire chief may designate a hearing officer who is assigned to a division other than the fire prevention bureau. -20- Section 14-36. Decision and order. Each decision and order adverse to the~etitioner shall be in writing or stated in the record and shall be accompanied bLseparate findings of fact and conclusions of law. The petitioner shall be notified delivery or mailing of a certified copy of the decision and order and accompanvine findings of facts and conclusions of law within thirty days from the close of the hearing. Section 14-37. Judicial review. Any_person aggrieved by the final decision and order of the hearing_officer may anneal such action in the circuit court in accordance with section 91-14, Hawaii Revised Statutes. Section 14-38. Public information. ~ The public may obtain information about matters within the jurisdiction of the department by inquiring at: The office of the county clerk. where there are on file all rules of the department: or at The office of the Hawaii County fire d~artment. Department files which are subiect to inspection by the public pursuant to chapter 91 Hawaii Revised Statutes, mar be examined upon request. ~ Inquiry may be made in person at the department's office during regular business hours or by submitting a request for information in writing to the fire chief. u Copies of the department'~ropo~,ed and final rules and all public records of the department are available upon pa} ment of the fees established by statute or coup ordinance. -21- Section 14-38.1. Rulemakine. ~ Initiation of rulemakingprocedures. The fire chief ma a~ an~ne initiate proceedings to adopt, amend, or repeal an~rule of the department. Any~erson mawpetition the fire chief re~c uesting the adoption, amendment or repeal of any rule of the department. Contents of petition. Petitions for rulemaking shall contain: The petitioner's name address, and telephone number. A draft of the substance of the proposed rule or amendment or a desi ng ation of the provision sou hg t to be repealed. A statement of the nature of the petitioner's interest. f 4~ A statement of the reasons in support of the proposed rule amendment or repeal. ~ Disposition of petition. Within third days after receipt of the petition, the fire chief shall either denkthe petition in writing stating the reasons for the denial, or initiate rulemakingproceedin,gs in accordance with section 91-3, Hawaii ]tevised Statutes Upon d~osition of the petition, the fire chief shall notify the petitioner in writin¢. u Notice of public hearins. When pursuant to a petition or on his own initiative the fire chief proposes the adoption, amendment or repeal of rules notice of proposed rulemakins shall be published at least once in a new~aper of general circulation within the County of Hawaii. The notice shall be published at least third dales prior to the date set forth for the public hearing. The notice shall also be mailed to all persons who have made a timely request of the department f or advance notice of its rulemaki~ proceedines. -22- The notice shall include the following information: A statement of the topic of the proposed rule adoption amendment or repeal, or eg neral descrintion of the subjects involved. ~B A statement that a copy of the proposed rule to be ad~ted amended or repealed will be mailed to any interested person who reauests a cony, pays the required fees for the copy and the postage, if a~ toeether with a description of where and how the requests may be made. A statement of when. where and during what times the proposed rule to be adopted, amended or repealed maybe reviewed in person. The date, time and place where the public hearing will be held and where interested persons may testi on the proposal. All interested persons shall be afforded an opportunity to submit dates views, or arguments, orally or in writing, at the hearin~or bail. Section 14-38.2. Declaratory rulin¢s. ~ Who may~etition Any_interested person may~etition the fire chief for a declaratory ruling as to the applicabiliy of any statute or ordinance relatin tg o the department or any rule or order of the department. ~b Contents of petition. The petition shall contain: The petitioner's name address, and telephone number. Designation of the specific provision rule or order in question. tosether with a statement of the controversy_or uncertainty involved. A complete statement of facts. -23- A statement of the petitioner's interest and reasons for submitting the etip trop. A statement of the petitioner's position or opinion. Justification and leeal arguments supporting the petitioner's position. Anypetition which does not conform to the foregoing requirements maw reiected. ~ Referral to other agencies. Where any auestion of law is involved, the fire chief may refer the matter to corporation counsel. The fire chief may also obtain the assistance of other agencies when necessary or desirable. l~ Fire chief s action on petition. Within sixty days after the receipt of a petition for declaratorx Tiding the fire chief shall either deny the petition in writing_stating the reasons for refusing to issue a declaratoryruling, or shall issue a declaratory ruling on the matters contained in the petition. The fire chief shall notify the petitioner in writing of the disposition of the etip tion• u Refusal to issue declaratory reline. The fire chief may refuse to issue a declaratory ruling where: The question is speculative or l~pothetical and does not involve existine facts, or facts, which can reasonably be expected to arise within the next The petitioner's interest is not of the type which would ivg e the petitioner standing to maintain an action if,~dicial relief were soueht. The issuance of the declaratory ruling may adversely affect the interests of the county in any liti ag tion which is pendine or may reasonably be effected to arise. -24- The matter is not within the~risdiction of the department. For othe~ood cause. ~f Applicability of declaratory reline A declaratory reline shall apply only to the factual situation stated in the petition or set forth in the ruling. A declaratory ruling shall not apply to situations where the facts are different or where there are additional facts. Section 14-38.3 General prohibitions. ~ It shall be unlawful for andperson to remove or extract the pyrotechnic contents from anv fireworks. It shall be unlawful for andperson to throw an~pnited fireworks from a movine vehicle. ~ It shall be unlawful for any person to set off ignite, discharge, or otherwise cause to explode any fireworks within one thousand feet of any operating hospital convalescent home, home for the elderly or animal care hospital. It shall be unlawful for any~erson without a permit to set off ignite. discharge, or otherwise cause to explode anY f reworks in any school building, or on any school grounds and yards without first obtaining_authorization from the appropriate school official. U It shall be unlawful for any person without a permit to set off ignite, discharge or otherwise cause to explode any fireworks on an~hiehway, alley, street, sidewalk, or other public way in any~ark: within fifthfeet from a canefield; or within one thousand feet from anv buildine used for public worship during the period when services are held; except as may be permitted pursuant to section 132D-10 HRS. ~I Unlawful to set office fireworks f-om a hotel It shall be unlawful for anv eo rson to set off ignite discharge or otherwise cause to explode any fireworks within five hundred feet from any hotel. -25- ~ It shall be unlawful for anyperson to offer for sale, sell, or ig ve any fireworks to minors, and for any minor possess.~urchase or set off ienite or otherwise case to explode a~ fireworks except that the parents or guardians may allow the minor to use fireworks while under the immediate supervision and control on an adult. Section 14-38.4, Penalties. ~ Any_person importing aerial common fireworks or special fireworks without having a valid license under section 132D-7 Hawaii Revised Statutes, shall be guilty_of a class C felonv. Any~erson purchasin~possessins= setting off, igniting. or discharging aerial common fireworks or special fireworks without a valid permit under sections 132D-10 and 132D-16. Hawaii Revised Statutes, or storing, selling, or possessin aerial common fireworks or special fireworks without a valid license under section 132D-7 Hawaii Revised Statutes; If the total weight of the aerial common fireworks or special fireworks is twenty-five pounds or more shall be guilty of a class C felony: or If the total we~ht of the aerial common fireworks or special fireworks is less than twenty five pounds shall be t~uilt~of a misdemeanor. ~ Any~erson who transfers or sells aerial common fireworks or special fireworks to a person who does not have a vali~ermit under sections 132D-10 and 132D-16, Hawaii Revised Statutes, shall be ¢uilty of a class C felonv. Anyperson who removes or extracts the pyrotechnic contents from any fireworks and uses the contents to construct fireworks or a fireworks related device shall be guilty of a misdemeanor. ~ Except as~rovided in subsections (al (bl (cl and (dl. or as otherwise specifically provided for in chapter 132D Hawaii Revised Statutes, andperson violating any other provision of chapter 132D Hawaii Revised Statutes, shall be prosecuted -26- pursuant to Section 13-11, penalties section of the Hawaii County Charter, as amended." SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, C TY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: -27- COUNI-Y OI' IIAAVAI'I license No. PIRIiWORKS hICI~:NSIS Application No. _ _ _ 11125 132D License Pce Recd THIS WCF.NSE SHALL I3E PROMINENTLY DISPLAYED IN PU6LIC VIEW AT EACH LICENSED LOCATION LICENSEE: Name Bus;ness Phone No. Business Addrriss Aee []SOLE PROPRIETOR, Name o(Propfietor ~PAR7tJkR5HIP, Namo of Partnership _ _ and names of all partnar3 _ CORPORATION, Name of Corporation end names end lllles of it's officers _ ~IMPORT[R Data liriporlatlon begins Address of Storage Location TMK# Plreworf~ Class V_ Quantity ga' fpkAGE ~ [>ata AIXWiry Bepfns Business Name of Sloroge Site ' Address of Storage Site TMK# FRewores Ctciss_T^F,_,y Quantity U" "OLESALE Dots Activity Begins Business Name of WnoleSale Sits _ Address of Wholesale Sito TMK FircworK+ Class ouanury RETAIL Date Actlviry L3egiru Business Nama of Retell Site _ Address of Retail Sko T7v1fC # Ffrewo~f<s Class Quantty I have read the above and ceWly that the Infonnatlon con Glnod horoln k acwrate and that 1 will oblda by all conditions se[ forth herein and of Gtieptef 192D, HRS. print Nama o! Ap elite tit Slpneture of Applicant v ~ ~ Date F0t2 OFFYC~t LASE OfJLY R>=COMMEND.APPROVAL QDENtAL SIGNATURE _ Uatc_ _ Violations of provisions oClhis license is punishable as provided by Inw. Licenses arc nontransferable. ~ ~ '~J ~ ~ ~ t, THIS LICGNSIi IS VALID PROM 1'Rh DA'I-8 OP ISSUANCIi' l IROUCil1 MARCH 31, _ f~ 1 r~ COUNTY OP HAWAI'1 11I2S I32D Permit TJO. PERMIT TO USE/PURCIIASB FIRE\UORKS-Form I Pcnnit I~ec THIS PERMIT SHALL BE PROhUNENTLY DISPLAYED IN PUBLIC VIEW AT EACH PERMITTED LOCATION CULTURAL PURPOSE OF THE PERMIT -check only one event INDIVIDUAL; Fourth of July New YeaY ~Chin¢s¢ New Year Nama Phona No. Address fie- - TMK !E PERSON CONTROLLING THE FIRING, IF DIFF EF:ENT THAN PEF7l.M1iTTEF Name - - Phone No. Address Aga TMK# FIRING OF FIREWORKS ' Lovation Addreu TMK # DatelTLne: (check only one event) t~-u~9;OOp.m. Hew teal's Eve to 1:OOa,m Haw Year's Aay 1 I{;Opp,m. to 6:OOp.m. Fourth of July , 7:o0a.m. !0 7:DOp.m. Ghtncse New Yeats Day F•lroworks Class: 1.40 Non-atrial commnnTrowork3 Quantity, 5000 Individual uniizs ~IraOom Date and Time as spocifie<i abovo GENERAL PERMIT PROVISIONS AND PROHIBITIONS; • A permit may only be issued to a person el8hteen (18) years of aqe or older • Permits ara nontransferable • Pannlis are valid only when the flrewc des era usod at tty~ She, lime, and data so • {ndlcaled on tho permit, Permit may ba revoked, denied, suspended K not In oomplianco with HRS I32D and/or the Admin3sUallve Rules_ 1 have read the above and certify that tho (nfonnaIIon contained herein la accurate and that 1 will abide by all condittons yet torch herein and of Chapter 112D, HR5, Print Name of Applicant Signature of Applicant Date FOft OFF(GAL USE OPlLY PERMl7 []APPROVE6 []QENIF~ SIGNATURE Date THIS PERMIT IS NOT AN ASSURANCE THAT THE USE OF FIREWORKS DOGS NOT POSE A THREAT TO THE SAPIiTY OF PERSONS AND PROPERTY. YOU MAY DE HELD RESPONSIDLE FOR DAMAGES RESULTING FROM YOUR USE OF FIREWORKS. THE COUNTY DOES NOT BEAR RESPONSIDILITY FOR DAMAGE, WHICIi MF~Y RESULT FROM YOUR USE OF FIREWORKS, TO YOURSELF OR OTHERS. ANY PERSON VIOLATING ANY PROVISION OF CHAPTER I32D, I1RS, SHALL 6EppG~~UILTY AS PROV'IyDED 6Y LAW. G~~1~~ 1 ~ 1/ COUNTY OP HAWAII IiRS 1320 Permit No. PERMIT TO USGPURCHASG FIREWORKS-Form 2 Permit Pcc THIS PERMIT SHALL BF. PROMINENTLY DISPLAYED IN PUBLIC VIEW AT EACH PERMITTED LOCATION CULTURAL PURPOSE OF 7HE PERMIT -check one only EST'At3LISHMEN7 (other than the designated holidays) INDIVIDUAI- ' Name Ptwna Na. Address AFIe ' TMK# PERSON CpNTROLl,1NG THE Fl4vNG, IF bIFFERENT THAN PERfJ~tTTEE ~ - Name ~ Phone No. Address Age • TMK# FIRING OF FIREWORKS Locatlat Address _ TMK # Gate/time: B:OOa.m. to 9:00 p.m. Fa~iretlon: Oata and Tlme as specified FireworYs Class: t.4G Ncnaeriai common fir¢rrorks Ouanlity. 5000 Indlvtdual units ~FSI~RAL PERMIT PROVISIONS ANA PROHit3fTIONS: • q permit may only De Lssued to a person eighteen (1 B) years of age or older • Permits are nottUansfanble • Permits ere valid only when the fveworks are used at ihe's#e, time, antl date so indicated on the pemtlL Permit maybe revoked, donlad, suspended fi not in compliance with HRS 132D andlor . ' ~ tr,e Administrative f2ules. - f havo read thv aborv and wrtifythat the intormatfon conGllncd henlrt 1c accurate and that t wilt abide by all conditlona set forth heroin and of Chaptor 132D, HRS. Print Name of Applicant ' SipnatureotAgpl{cant ~ Date FOR•OFFfCAI L1S~ ONLY PERMIT ?APPRaVEb [~DENIEA Uate _ SIGNATURE THIS PERMIT IS NOT AN ASSURANCE TI1AT THE USE OF FIREWORKS UOES NOT POSE A THREAT TO THE SAf ETY OF PE2SONS AND PROPERTY. YOU MAY BE HELD RESPONSIBLE FOR DAMAGES RESULTING PROM YOUR USE OF FIREWORKS. THL COUNTY OTOHERS ANY PERSON V OBLATING ONYDPRO (SIONHOF CN AI'"FERS132D,!ROM ; ~ LL 6E GOUILTY AS PROVIDI.D BY LAWF OR EXFiiBIT \\C" COUNTY OP HAWAII IIRS 1320 Pcrmit Nn. PERMIT POR PUBLIC DISPLAY OP FIREWORKS Pcrmit Pec THIS PERMIT SHALL BE PROMINENTLY DISPLAYED IN PUBLIC VIEW AT EACH PERMITTED LOCATION Check only one event OUTDOOR Ot$pl.AY OF FIREWORKS PYRO7ECHNiC.S 8Ei"OREA PROXIRSATE AUAIEKCE Nen7o Phono No. Address Age TMK t1 PERSON CONTROLLING 7FIE FIRING, IF DIFFERENT THAN PERMITTFF Name ~ Phone No. ~ , Address M ~ Aga~_y TMK # FIRING OF FIREWORKS LocatlonAddress ~ 1Tv1K# ~ ' OatelTima: Ftom: To: FlreworKS Clazs: Quantity. T- HIOSH Certificate of Frtnzss: Pravlded insurance CartiTicate or Poiicl ~ Provided , Surety Ccxnpanylfw0 Individual Sureties: Provided ' Plot Plan of Firin Area: Provided y____^ GENE RMIT PROVISIONS.AND PROHiei'I ONS: ' ' • A permit may only be Issued to a parson el8hteen (18) yoars v! age or oldex - • PermILS are nontransfara6fe • Porm ttc are valid only when tho firework: are used at Ute site, time, and data so Indicalod on Use permri. Pecm It may De revoked, dented, suspended It not in wmplianw with HRS 132D andlor the Administrative ftufas. I have read the above and cortlfy that Iha Information contained herein Ia accurate anq , that I will abide by all eontlltlons sat forth herein end of Chapter 132D, HftS, Print Namo of Applicant T Sipnatura of Applicant ~ Date !`OfZ 04=FICAL USE ONLY PERtvJ1T ~APPROVEO a0EN1ED SIGNATURE Date _ TIi1S PERMIT IS NOT AN ASSURANCE THAT THE USE OP FIREWORKS DOES NOT POSE A THREAT TO THE SAFETY OP PERSONS AND PROPERTY. YOU MAY 6E HELD RESPONSIBLE FOR DAMAGES RESULTING FROM YOUR USE OF FIREWORKS. THE COUNTY DOES NOT BBAR RESPONSI6ILITY FOR DAMAGE, WHICH MAY RESULT PROM YOUR USE OF FIREWORKS, TO YOURSELF OR OTHERS. ANY PERSON VIOLATING ANY PROVISION OP CHAPTER I32D, IIRS, SHALL 6E GUILTY AS PROVIDED 6Y LAW. ~XI-IIBIT o"