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HomeMy WebLinkAboutBIL 241 Draft 01 2014-2016 .•-.0 os N�k'••. COUNTY OF HAWAII • A:-'; Oi•- STATE OF HAWAII .,',.,,rt•OF•NI'� BILL NO. 241 ORDINANCE NO. AN ORDINANCE RENUMBERING CHAPTER 26, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE HAWAII STATE FIRE CODE, REPEALING CHAPTER 14,ARTICLE 5,AND ADDING AN AMENDED VERSION OF THIS ARTICLE, RELATING TO FIREWORKS, INTO CHAPTER 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 26 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended by placing sections 26-1 to 26-56 into a new article 1, entitled "Hawai`i County fire code, and renumbering these sections 26-1-1 through 26-1-56." SECTION 2. Chapter 14, article 5 of the Hawaii County Code 1983 (2005 Edition, as amended), entitled"Fireworks," is repealed. SECTION 3. Chapter 26 of the Hawaii County Code 1983 (2005 Edition, as amended) is amended by adding a new article to read as follows: "Article 2. Fireworks Code. Division 1. General Provisions. Section 26-2-1. Title. This article shall be known as the fireworks code and shall apply to the importation, storage, possession, sale, purchase, transfer, and discharge of fireworks within the County. Section 26-2-2 Definitions. Whenever used in this article, unless the context otherwise requires: "Aerial device" means any fireworks: (1) Containing one hundred thirty milligrams or less of explosive materials that produces an audible or visible effect and is designed to rise higher than twelve feet into the air and explode or detonate in the air, or to fly about above the ground; (2) That are prohibited for use by any person who does not have a display permit issued by the County under section 132D-16, Hawaii Revised Statutes; and (3) Including firework items commonly known as bottle rockets, sky rockets, missile- type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines. "Articles pyrotechnic" means pyrotechnic devices for professional use similar to consumer fireworks in chemical composition and construction but not intended for consumer use that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 by the United States Department of Transportation. "Consumer fireworks" means any fireworks designed primarily for retail sale to the public during authorized dates and times, that produces visible or audible effects by combustion, 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. "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; 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. "County fire code" means chapter 26, article 1, of this Code. "County building code" means chapter 5 of this Code. "Cultural" means relating to the arts, customs, traditions, mores, and history of all of the various ethnic groups of Hawai`i. "Department" means the Hawai`i fire department. "Display" means the use of aerial devices, display fireworks, or articles pyrotechnic for any activity, including such activities as movie or television production. "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 2 materials for classification as "consumer fireworks." This term also includes fused set pieces containing components, which together exceed fifty milligrams of salute power. "Fire chief'means the chief of the Hawai`i fire department or the chiefs duly authorized representative. "Firecrackers" mean single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one-quarter of an inch in diameter that contain a charge of not more than fifty milligrams of pyrotechnic composition. "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation and that meets the definition of aerial device or consumer or display fireworks as defined by this section and contained in the regulations of the United States Department of Transportation as set forth in Title 49 Code of Federal Regulations. The term "fireworks" shall not include any explosives or pyrotechnics regulated under chapter 396, Hawai`i Revised Statutes, or automotive safety flares, nor shall the term be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its, or other devices which contain twenty-five hundredths of a grain or less of explosive substance. "Import" (and any nounal, verbal, adjectival, adverbial, and other equivalent form of the term used interchangeably in this article) means to bring or attempt to bring fireworks or articles pyrotechnic into the County or to cause fireworks or articles pyrotechnic to be brought into the County. "License" means a nontransferable, formal authorization, valid for a period from April 1 of the year in which the license was issued to March 31 of the following year and which the department is hereby authorized to issue under chapter 132D, Hawai`i Revised Statutes, to engage in the act or acts specifically designated therein. "Movie" or"television production" means a series of activities that are directly related to the creation of visual and cinematic imagery to be delivered via film, videotape, or digital media and are to be sold, distributed, or displayed as entertainment or the advertisement of products for mass public consumption, including scripting, casting, set design and construction, transportation, videography, photography, sound recording, interactive game design, and post production. "Permanent" means the state of one object being affixed to another object by glue or other means in a manner that the affixed object is intended to not be easily removable. "Permanent fireworks storage building or structure" means a building or structure affixed to a foundation on a site and having fixed utility connections, which is intended to remain on the site for more than one hundred eighty consecutive calendar days in a twelve-month period for the purpose of receiving, storing, or shipping fireworks, but in which no manufacturing of fireworks is performed. 3 "Permit"means a nontransferable, formal authorization, valid for a period not to exceed one calendar year from the date of issuance and which the department is authorized to issue under chapter 132D, Hawai`i Revised Statutes, to engage in the act or acts specifically designated therein. "Pyrotechnic composition" or"pyrotechnic contents" means the combustible or explosive component of fireworks. "Red flag warning" means a weather forecast issued by the National Weather Service indicating that weather conditions associated with the outbreak of wildfire may occur. "Redistribution" means the receiving, separating, consolidating or delivery of fireworks to wholesale, retail, or storage locations. "Shipper" means an entity or person, including a freight forwarder, that is hired for the transport of aerial devices, articles pyrotechnic, consumer fireworks, display fireworks, or fireworks. "State Fire Code" means the current State Fire Code as adopted by the State of Hawai`i pursuant to chapter 132, Hawai`i Revised Statutes. "Store" means to have or keep in reserve for future distribution or delivery. "Temporary fireworks storage building or structure" means a building or structure that is used for fireworks storage for one hundred eighty days or less in a twelve-month period. "Unit" means one individual firecracker. Section 26-2-3. Public information. (a) The public may obtain information about matters within the jurisdiction of the department by inquiring at the office of the Hawai`i fire department. Inquiries 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. (b) Department records which are subject to inspection by the public pursuant to chapters 92 and 92F, Hawaii Revised Statutes: (1) May be examined upon request; and (2) Are available upon payment of the fees established by statute or County ordinance. 4 Division 2. Prohibitions. Section 26-2-21. General prohibitions. (a) Fireworks, including aerial devices, consumer fireworks, display fireworks, and articles pyrotechnic shall not be imported, possessed, stored, offered for sale, sold, transferred, purchased, set off, ignited, discharged, thrown, used, or otherwise caused to explode within the County unless licensed, permitted, or otherwise allowed by this article. (b) It shall be unlawful for any person to: (1) Remove or extract the pyrotechnic contents from any fireworks or articles pyrotechnic; (2) Remove or extract the pyrotechnic contents from any fireworks or articles pyrotechnic and use the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device; (3) Throw any fireworks or articles pyrotechnic from a vehicle; (4) Set off, ignite, discharge, or otherwise cause to explode any fireworks or articles pyrotechnic: (A) At any time not within the periods for use prescribed in section 26-2-41(b), unless permitted pursuant to division 4 of this article; (B) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, animal shelter, or animal hospital; (C) Within three hundred feet of any consumer fireworks retail sales facility; (D) In any school building, or on any school grounds or yards on any occasion; and (E) On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; or within one thousand feet of any building used for public worship during the periods when services are held; except as may be permitted pursuant to division 4 of this article; (5) Set off, ignite, discharge, or otherwise cause to explode any display fireworks, articles pyrotechnic, or aerial devices within areas zoned residential or agricultural; and (6) It shall be unlawful to violate any of the provisions of this article. Section 26-2-22. 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, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 26-2-23. 5 Section 26-2-23. Liability of parents or guardians. (a) The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this article and shall be subject to the penalties thereunder; except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult. (b) The parents, guardian, and other persons having the custody or control of any minor, may be subject to civil and criminal penalties should it be found that negligence on their part caused loss of life, injury, or property damage from fireworks or articles pyrotechnic being ignited by such minors. Division 3. Licenses. Section 26-2-31. License required. (a) Any person desiring to store, offer to sell, or sell, at wholesale or retail, aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic or to possess aerial devices, display fireworks, or articles pyrotechnic within the County shall obtain a license issued by the department. (b) Any person desiring to import aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic into the County shall obtain a license issued by the department. Section 26-2-32. General license provisions. (a) A license may only be issued to a person eighteen years of age or older. (b) Licenses are nontransferable. (c) Licenses are valid for a period beginning on April 1 of the year in which the license was issued and ending on March 31 of the following year. The date of issuance or effect and the date of expiration shall be noted on the license. (d) Licenses shall be prominently displayed in public view and secured at the location for which the license has been issued. Section 26-2-33. License application process. (a) Applications for licenses to import, store, offer to sell, or sell, at wholesale or retail, aerial devices, consumer fireworks, display fireworks, or articles pyrotechnic, or applications for licenses to possess aerial devices, display fireworks, or articles pyrotechnic within the County may be obtained at the department. (b) Completed applications for licenses may be delivered during business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department. 6 (c) Applications for all licenses shall be submitted to the department at least forty-five calendar days from the date on which importing, storage, wholesaling or retailing activities would begin. (d) The department may deny an application for a license if the applicant is not in compliance with the requirements of this article or chapter 132D, Hawai`i Revised Statutes or if the proposed use or activity presents a substantial inconvenience to the public or an unreasonable fire or safety hazard. Licenses or denials of license applications will be mailed to the applicant by the department. Section 26-2-34. Applications to include. (a) Applications for all licenses shall be in writing, signed by the applicant and shall include: (1) The date of the application; (2) The name of the applicant as follows: (A) If the applicant is a sole proprietor, the name of the proprietor; (B) If the applicant is a partnership, the name of the partnership and the names of all partners; and (C) If the applicant is a corporation, the name of the corporation and the names and titles of its officers; (3) The address, telephone number, and age of the applicant; and (4) A self-addressed envelope of adequate size and sufficient postage. (b) If the license is to import consumer fireworks, the application shall also include: (1) The address of the importer; (2) The date upon which importation will begin; (3) Class and estimated quantity of fireworks to be imported; and (4) The physical address where the fireworks will be stored. (c) If the license is to import aerial devices, display fireworks, or articles pyrotechnic, the application shall also include: (1) The address of the importer; (2) The date upon which importation will begin; (3) Class and estimated quantity of fireworks to be imported; (4) The physical address where the fireworks will be stored; and (5) Written documentation regarding the proposed display event and related contact information, in a form prescribed by the department, to allow the department to validate the importation of the inventory. (d) If the license is to store, offer to sell, or to sell fireworks, the application shall also include: (1) The date upon which the storage, sale, or offers for sale will begin; (2) The address of the location of the licensee; (3) The address where the fireworks will be stored, and the address where the sales or offers to sell will occur; (4) The name of the proprietor; or (5) If a partnership, the name of the partnership and the names of all partners; or (6) If a corporation, the name of the corporation and the names of its officers. 7 Section 26-2-35. Application fees. (a) Licensees that plan to conduct business in the County shall pay the following fees for each license, pursuant to section 26-2-31: (1) $3,000 for each importer per year; (2) $2,000 for each wholesaler's site per year; (3) $1,000 for each permanent or temporary storage site per year; and (4) $500 for each retailer's site per year. (b) As used in this section, the term "year" shall pertain to the period beginning on April 1 of the year in which the license was issued to March 31 of the following year. (c) The nonrefundable fee for each license shall be made payable to the director of finance and shall be submitted to the department with the application. (d) The department shall provide an exemption from license fees to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year. Section 26-2-36. Requirements of licensee. (a) Sale or transfer. (1) It shall be unlawful for any person, other than a wholesaler who is selling or transferring fireworks to a licensed retailer, to sell or offer to sell, exchange for consideration, give, transfer, or donate any fireworks, or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by division 4 (Permits). (2) 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 type of fireworks sold or transferred. (3) No fireworks shall be sold or delivered to any permittee in any amount in excess of the amount specified in the permit. (4) No fireworks shall be sold to a permittee holding a permit issued for purposes of sections 26-2-42 through 26-2-44, more than five calendar days prior to the designated periods for use as set forth in sections 26-2-42 through 26-2-44. (b) Structures, buildings, and facilities. Structures, buildings, and facilities where fireworks are stored or redistribution activities are performed shall comply with County, State, and National building and fire codes. 8 (c) Reporting. Any person who has obtained a license pursuant to section 26-2-31 shall comply with the following reporting requirements regarding fireworks and articles pyrotechnic: (1) Importers shall submit to the department an inventory list of the contents of each shipment received that specifies the name of the fireworks or articles pyrotechnic, "ex" number, and quantity of each item received within ten working days of receiving the product. (2) Wholesalers shall submit to the department within three working days after the product is shipped: copies of sales invoices or packing lists, or both, that indicate the date of shipment; customer's name; type of fireworks or articles pyrotechnic shipped; and the amount delivered. (3) Storage facilities shall: (A) Provide written notification to the department whenever fireworks or articles pyrotechnic are moved from the facility, within three working days after the product is moved; (B) Maintain a report which contains a listing of all fireworks and articles pyrotechnic brought into the facility, moved from the facility, and current inventory, including dates of activity and destinations of all product moved from the facility; and (C) Provide the report to the department for inspection, upon request. (4) Retailers shall submit to the department: (A) An inventory list of the contents of each shipment received that specifies the name of the fireworks or articles pyrotechnic, "ex" number, and quantity of each item received within ten working days of receiving the product; and (B) An ending inventory of all remaining product and the location of the storage facility where the product is being stored. (d) Posting notice. Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 26-2-22 (Minors), 26-2-23 (Liability of parents), 26-2-61 (Penalties). Section 26-2-37. Compliance and revocation. (a) Prior to or following the issuance of a license the department may at its discretion, inspect the proposed location where the fireworks will be stored or sold, at wholesale or retail, to ensure that the applicant is in compliance with the County fire code, State fire code, and County building code. (b) Persons to whom licenses are issued shall comply with the provisions of: the license; this article; chapter 132D, Hawaii Revised Statutes; and all applicable County, State, and Federal laws. 9 (c) If a licensee fails to comply with the provisions of the license, this article, chapter 132D, Hawai`i Revised Statutes, or applicable County, State, or Federal 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 revoke the license; and (d) If the department discovers at a later date that a licensee has been convicted of a felony under this article or chapter 132D, Hawai`i 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. Division 4. Permits. Section 26-2-41. Permits. (a) The following types of fireworks permits are available to the public: (1) Consumer fireworks. (A) Permits for the purchase and use of firecrackers, during designated periods, on New Year's Eve to New Year's Day; Chinese New Year's Day, and the Fourth of July, pursuant to section 26-2-42. (B) Permits for the purchase and use of consumer fireworks for cultural purposes, other than during designated periods on New Year's Eve to New Year's Day, Chinese New Year's Day, and the Fourth of July, pursuant to section 26-2-43. (2) Aerial devices, display fireworks, and articles pyrotechnic. Permits to purchase, set off, ignite, discharge, or otherwise cause to explode aerial devices, display fireworks, and articles pyrotechnic, pursuant to section 26-2-44. (b) Permits not required. Consumer fireworks other than firecrackers may be set off, ignited, discharged, or otherwise caused to explode within the County without a permit during the following periods: (1) 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; (2) 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and (3) 1:00 p.m. to 9:00 p.m. on the Fourth of July. Section 26-2-42. Firecrackers. (a) Firecrackers may be purchased and used within the County with a permit from: (1) 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; (2) 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and (3) 1:00 p.m. to 9:00 p.m. on the Fourth of July. (b) Not more than five thousand individual firecrackers shall be allowed per each permit. 10 (c) Applications for permits to purchase and use firecrackers during the periods prescribed in subsection (a) shall be in writing, signed by the applicant and shall include: (1) Name, age, telephone number, and address of the applicant and the person who will control the firing of fireworks, if different; (2) Date of the permitted activity; (3) Location where the permitted activity is to occur; and (4) Estimated quantity of firecrackers to be used under the permit,but not exceeding five thousand units. (d) The nonrefundable fee for this permit shall be $25,payable to the director of finance, and must be submitted at the time of the application. (e) Firecrackers with a permit issued pursuant to this section may not be purchased more than five calendar days prior to the designated periods for use set forth in subsection (a). (f) Each permit issued pursuant to this section shall not allow purchase of firecrackers for more than one event as set forth in subsection (a). Section 26-2-43. Consumer fireworks for cultural purposes. (a) Consumer fireworks, including firecrackers, may be used for cultural purposes with a permit during any time not specified in subsection 26-2-41(b). (b) A permit issued pursuant to this section shall authorize purchase and use of consumer fireworks from 9:00 a.m. to 9:00 p.m. on the date for which the permit was issued, provided that not more than five thousand individual firecrackers shall be allowed per each permit. (c) Applications for permits to purchase and use consumer fireworks for cultural purposes pursuant to this section shall be in writing, signed by the applicant and shall include: -� (1) Name, age, telephone number, and address of the applicant and the person who will control the firing of fireworks, if different; (2) Name of the organization's, corporation's, club's, establishment's, or other entity's proprietor, partner or officer and verification that the person making the application is the authorized agent of the entity; (3) Estimated quantity of consumer fireworks to be used under the permit, but not exceeding five thousand units; and (4) Date, time period, and description of the proposed cultural use of the consumer fireworks. (d) A person, including the proprietor, partner, corporate officer or duly authorized agent of any temple, cemetery, or any cultural association, lion dance club, or other similar organization desiring to purchase, discharge, fire, or explode consumer fireworks for 11 cultural purposes or occasions, or desiring to provide for the discharging, firing, or exploding of consumer fireworks by members of their organizations, clients, patrons, or customers, for cultural purposes or occasions may obtain a permit pursuant to this subsection. (1) The nonrefundable fee for this permit shall be $25,payable to the director of finance, and must be submitted at the time of the application. (2) A permit issued pursuant to this subsection shall not allow purchase of consumer fireworks for more than one event. (e) A permit may be issued to an establishment for the use of consumer fireworks at the establishment during the period of the permit. Such permit may allow the establishment to purchase consumer fireworks for cultural purposes specified in the permit. (1) The nonrefundable fee for this permit shall be $25,payable to the director of finance, and must be submitted at the time of the application. (2) The time period of a permit for an establishment shall not exceed six months. (f) Consumer fireworks, with a permit issued pursuant to this section, may not be purchased more than five calendar days prior to the designated periods for use as set forth in subsection 26-2-41(b), and as stated on the permit. Section 26-2-44. Aerial devices, display fireworks, and articles pyrotechnic. (a) Aerial devices, display fireworks, and articles pyrotechnic may be purchased, set off, ignited, discharged, or otherwise caused to explode only for display and if permitted in writing pursuant to this section. (b) Aerial devices, display fireworks, and articles pyrotechnic shall be set off, ignited, discharged, or otherwise caused to explode only from 9:00 a.m. to 9:00 p.m. The fire chief may extend this time period for special events. Applicants shall submit requests for extension of the time period in writing, stating the reason for the extension, and the length of extension requested. The time restriction established in this subsection shall not apply to aerial devices, display fireworks, and articles pyrotechnic set off, ignited, discharged, or otherwise caused to explode within the County solely as part of a movie or television production. (c) No aerial devices, display fireworks, or articles pyrotechnic shall be set off, ignited, discharged or otherwise caused to explode within areas zoned residential or agricultural. (d) Display permit applications shall be in writing, signed by the applicant and include the following: (1) The name, age, and address of the applicant; (2) The name, age, and address of the person who will operate the display, and a current photo copy of pyrotechnic operator's certificate of fitness, issued by the State of Hawai`i; 12 (3) The time, date, physical address, and plot plan of the display site, of the display including distances between the location where the display will take place and buildings, spectators, roadways, and special hazards; (4) A complete inventory of the type and quantity of aerial devices, display fireworks, and articles pyrotechnic to be purchased, set off, ignited, discharged, or otherwise caused to be exploded, including product size, type, and amount; (5) The purpose or occasion for the display; (6) Letter of approval from the property owner of the physical address where the display will take place that authorizes the discharge of aerial devices, display fireworks, or articles pyrotechnics for display on this property; (7) Copy of applicant's insurance policy or surety bond as required in subsection (e); and (8) Approved permits from the following agencies if applicable: (A) Department of land and natural resources land division; (B) Department of land and natural resources boating and ocean recreation division; (C) United States Coast Guard; and (D) Federal Aviation Agency. (e) No display permit shall be issued unless the applicant presents, at the applicant's option, either: (1) A written certificate of an insurance carrier or a policy, which has been issued to or for the benefit of the applicant, providing for the payment of damages in the amount of not less than $250,000 for injury to, or death of, any one person, and subject to the foregoing limitation for one person; in the amount of not less than $500,000 for injury to, or death of, two or more persons; and in the amount of not less than $100,000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The certificate shall state that the policy 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 display. The County of Hawai`i, its officers, agents, employees, and affiliates, shall be listed as an additional insured on the insurance certificate; or (2) The bond of a surety company duly authorized to transact business within the State, or a 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 $500,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee's agents, employees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the display. 13 (f) The department may require coverage in amounts greater than the minimum amounts set forth in subsection (e) of this section if deemed necessary or desirable in consideration of such factors as: (1) Location and scale of the display; (2) Type of aerial devices, display fireworks, or articles pyrotechnic to be used; and (3) Number of spectators expected. (g) The nonrefundable fee for this permit shall be $110 for each event, payable to the director of finance, and must be submitted with the application. (h) An application for a display permit shall be submitted to the department not less than twenty calendar days before the proposed date of the display. All items required to be included with the permit application shall accompany the application at time of submittal. (i) Prior to the issuance of a display permit and at the discretion of the department, an inspection of the proposed firing 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, "Pyrotechnics Before a Proximate Audience," 2011 Edition, which are incorporated herein by reference. (j) A site inspection fee of$200 shall be assessed for each display event. For multi- day events, each day shall constitute a separate event and require payment of a separate site inspection fee. (k) A display permit or a request for an extension of the time period for a display permit may be issued by the department if the requirements imposed by this article and chapter 132D, Hawai`i Revised Statutes are met. 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 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. (1) The applicant shall be notified in writing whether the display permit has been approved or denied within ten working days after receipt of application. (m) If required by the department, written notification of an upcoming display shall be given to all area residents within one thousand feet of the firing site. The display operator shall be responsible for issuing the notification. (n) Notwithstanding the foregoing, any display permit issued by the department may be revoked or suspended immediately by the department for the following reasons: (1) The climatic, atmospheric, or other conditions on the date of the proposed firing may reasonably be believed to make the use of aerial devices, display fireworks, or articles pyrotechnic hazardous to persons or property; 14 (2) A Red Flag Warning that affects the location of the display has been issued by the National Weather Service; or (3) Any requirement imposed by this article or chapter 132D, Hawai`i Revised Statutes, or any condition of the permit necessary to minimize the danger to persons or property is not met. (o) A post-display report shall be submitted to the department within five days after the display. Section 26-2-45. General permit provisions. (a) A permit may only be issued to a person eighteen years of age or older. (b) Permits are nontransferable. (c) Permits are valid for a period beginning on January 1 and ending December 31. In no case shall the period of a permit exceed one year. The date of issuance or effect and the date of expiration shall be noted on the permit. (d) Permits are valid only when the fireworks are used at the site, on the date, and during the time indicated on the permit. (e) Permits shall be prominently displayed in public view at the location, on the date, and time indicated on the permit. Section 26-2-46. Permit application process. (a) Applications for permits may be obtained at the department or at locations designated by the department. (b) Completed applications for permits may be delivered during business hours from 8:00 a.m. to 4:00 p.m. or mailed to the department. (c) The department may deny an application for a permit if the applicant is not in compliance with the requirements of this article or chapter 132D, Hawai`i Revised Statutes or if the proposed use presents a substantial inconvenience to the public or an unreasonable fire or safety hazard. Permits or denials of permit applications shall be mailed to the applicant by the department. Section 26-2-47. Compliance and revocation. (a) Permittees shall comply with the provisions of: permits issued pursuant to this article; chapter 132D, Hawai`i Revised Statutes; and all applicable County, State, and Federal laws. (b) If a permittee fails to comply with the provisions of this permit this article, chapter 132D, Hawai`i Revised Statutes, or applicable County, State, or Federal laws, or if the department determines that the permittee handles or uses fireworks in such a manner as to present an unreasonable safety hazard, the department may immediately revoke the permit. 15 Division 5. Importation and Exportation. Section 26-2-51. Licensee's duty of notification. Any person who has obtained a license pursuant to this article, and ships fireworks or articles pyrotechnic into or out of the County shall: (1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest; (2) Declare on the bill of lading or shipping manifest the gross weight of fireworks or articles pyrotechnic to be imported or exported in each shipment; (3) Declare on the bill of lading or shipping manifest, the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored; (4) Prior to shipment, notify the department regarding whether the shipment will be distributed from: (A) Pier to pier; (B) Pier to warehouse or storage facility; or (C) Pier to redistribution; (5) When a shipment is booked, the importer, shipper, or consignee shall notify the department in writing of the expected shipment's landing date; and (6) Upon receipt of any shipment,provide the department with copies of sales invoices or packing slips, or both, that clearly indicate: (A) Name, address, phone number of seller; (B) Name and description of the product; and (C) Quantity received. Section 26-2-52. Inspection of fireworks. The department shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic when a shipment of fireworks has landed and becomes subject to the jurisdiction of the department or before a shipment leaves the jurisdiction. Section 26-2-53. Importation and storage. (a) The facility in which fireworks or articles pyrotechnic are to be stored must: (1) Obtain the approval of the department fifteen calendar days prior to the shipment's arrival; and (2) Satisfy the requirements of the State fire code, County fire code, and County building code. (b) Aerial devices, display fireworks, or articles pyrotechnic, shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee provides aerial devices, display fireworks, or articles pyrotechnic 16 for displays as allowed pursuant to this article more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic, for a six-month inventory. Division 6. Enforcement and penalties. Section 26-2-61. Penalties. (a) Any person who imports fireworks or articles pyrotechnic without having a valid license pursuant to this article shall be guilty of: (1) A class C felony for shipments of up to and including ten thousand pounds gross weight; and (2) A class B felony for shipments of more than ten thousand pounds gross weight. (b) Any person who purchases, possesses, sets-off, or discharges fireworks or articles pyrotechnic without a valid permit or who stores, sells, or possesses fireworks or articles pyrotechnic without a valid license pursuant to this article shall be guilty of: (1) A class C felony if the total weight of the fireworks or articles pyrotechnic is twenty- five pounds or more; or (2) A misdemeanor if the total weight of the fireworks or articles pyrotechnic is less than twenty-five pounds. (c) Any person who transfers or sells fireworks or articles pyrotechnic to a person who does not have a valid permit pursuant to this article, shall be guilty of a class C felony. (d) Any person who commits the following acts shall be guilty of a misdemeanor: (1) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic; or (2) Removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device. (e) Except as provided in subsection (a), or as otherwise specifically provided for in this article or chapter 132D, Hawai`i Revised Statutes, any person violating any other provision of this article or chapter 132D, Hawai`i Revised Statutes, shall be fined not more than $2,000 for each violation. (0 Notwithstanding any penalty set forth herein, violations of paragraphs 26-2-61(a)(1) or 26- 2-61(a)(2) may be subject to nuisance abatement proceedings provided in chapter 712, part V, Hawai`i Revised Statutes." SECTION 4. Severability. 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. 17 SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: k COUNCci\i\tak. EMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1061 18