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HomeMy WebLinkAboutCOM 0956.004 1998-2000 SB 680, SD 1, HD 2, CD 1 Conference Committee Report No. 63 (April 27, 2000): The bill amends Chapter 132D, Fireworks of the Hawaii Revised Statutes. The bill permits the use of fireworks for cultural purposes and public displays. 132D Importation of aerial common fireworks, special fireworks, or both, for public display. Regular inventory period of 3 months A six-month inventory period for public displays more than once a month. 132D Licensee; bill of lading, notification, storage, limits on sales. On bill of lading or shipping manifest must designate specific type of fireworks, declaration of weight and location of storage. Notification of County prior to shipment, when booking shipment is made, where shipment will be distributed and when expected landing date. Fire Department may inspect. Storage facility must meet all fire and safety codes, and receives approval 15 days prior to arrival by Fire Deparlrnent. Subject to seizure and forfeiture if 1. Does not have valid license to import or store. 2. Have not declare or misdeclared. Licensed retailer may not packet size larger than 5,000. Violations in shipping, facilities and storing shall be guilty of misdemeanor. Violation of shipments is as follows; 1. 25 pounds or less shall be petty misdemeanor, 2. Over 25 pounds to 300 pounds shall be a misdemeanor, 3. Over 300 pounds to 10,000 pounds shall be a class C felony and 4. More than 10,000 pounds shall be a class B felony. 132D-1 Adds definition of the following: Cultural, Import, Public display and amends aerial common fire works. 132D-3 Permissible uses of no-aerial common fireworks. New Year's eve 9:00 PM to 1:00 AM New Year's day, 7:00 AM to 7:00 PM for Chinese New Years, 1:00 PM to 9:00 PM Fourth of July. Permit needed for purchase of 5,000 fireworks. 132D4 Permissible uses of special fireworks and aerial common fireworks. Clarifies permissible use. 132D-7 License or permit required. Valid license for the import and sale, issued by the county is needed. Purchase with permit not more than 5 days before applicable use. 132D-8 Application for license. Issued by the county and license shall be revoked for two years if convicted of felony. Aerial common fireworks sold only to valid permit holders. 132D-9 Application for permit. Permits to purchase of non-aerial are for only one event. 132D-10 Permits. $25 permit for non-aerial fireworks. 132D-11 Fee (payable to the county). License fee shall be $3,000 for importer, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site and $110 for permits for public display. Fees shall be used by each county fire department to pay the salary of an auditor of fireworks records. Non profits maybe exempt once a year. 132D-14 Penalty (aerial). Without import, purchasing, discharging or selling aerial fireworks license is a class C felony. 25 pounds or more is a class C felony and if less than 25 pounds is a misdemeanor. Extracting to construct fireworks is a misdemeanor. Maximum fine for each violation is $2,000. Fines shall be split 20% to the State and 80% to the County. 132D-17 Preemption. No county shall enact ordinances that are inconsistent or more restrictive than this chapter. Comm. No. q S `p * 00 File No W1 Ref. To: PILVA"C • 1 Ref. Date DEC 0 4 2000 Hazard warning Editor: As a retired local airline pilot who served on our union's "haz- ardous materials" committee, I want to register the strongest possi- ble objection to any change in our state re that would return control to a counties.. Any difference in any of the islands' county ordinances will put us back where we were years ago. Airline passengers and cargo shippers continuously broke the law (both state and federal) which controls the transportation of "haz- ardous materials;" such' as fire- works by air. It was dangerous and a catastrophe waiting to happen. I can't believe ourjudiciary com- mittees would even consider such a bill,- Any difference between the counties; whether in type of fire- works or price, will again prompt interisland, mainland or foreign country returnees to try to sneak in this most dangerous of materials in their luggage or shipments. I would like to say again that such a bill will encourage a cata- strophe waiting to happen. I appeal to both judiciary committees, "please don't pass this bill." A dan- gerous and deadly accident would be on your heads. Residents of Hawaii, if any of you fly or your loved ones fly at any time, would you want to sit, or have them sit, over pounds of explosives in the baggage and cargo compartments? Call your representative and your senator and tell them to vote "no" if, it gets out of thejudiciary commit- tees. Bryant Neal tirnnnkaa k TECH-OM SYSTEMS TEL MO. Jan 06,OC 15:30 P.01 January 6, 2000 To: Steve Yamashiro Mayor of Hawaii County Fr. Hannah and David Nardlnl Life time residents of the Big Island p 1 tp i 1 Subject: Fireworks r This past New Year was very stressful and Unhealthy for me, my 73 year old mother with heart problems and our dog Lani. The law said fireworks can be used between 9 pm New Years eve to lam New Years day. Aerial fireworks were illegal, and police department was going to have enough police to cite violators Well let me tell you that this was not what happen] Fireworks started from New Years eve early afternoon till 5:1 Sam New Years day then continued again at midmorning of New Years day until 7 pm. Smoke was coming into our house that we had every window and door closed. My mother was having a hard time breathing. The sound of popping and explosions was spooking our dog. And in the early morning hours of New Years day, the Intermittent outburst of fireworks kept us from sleeping throughout the early morning. There were fireworks that flew! High enough to have the debris many times falling In our yard and on our house! This was a real fire hazard. Both aerials and thrown fireworks landed in dry grass that very LUCKY didn't catch fire. If it did, our house would be endangerodl A group of young people were having a party along Komohana Street, throwing fireworks on the street making cars come to a stop at times I seen the police patrol cars pass the party three or four times At 4.45am, I called the police to report fireworks, loud talking, drinking on the public roadway. The 911 lady was very nice in taking all the information but the police never camel So this sends a good signal to these type of fireworks user that they can disregard the law! In closing, my mom and I are asking you to help us, to-ban all sales of all types of fireworks. This Is the year 2000! Its time all of our lawmakers act Immediate and responsible! Also, the police have got to do their job. When they see any fireworks use, they must issue a citation. And it should be policy, the beat policeman can not choose to disregard this laws Aloha David C. Nardini 1421 Komohana St. Hllo, HI 96720 CC'AlI Blg Island Council Officers a 0 a ,v DATE TIME ~d A.M. I FOR M 00F 1 PHONE ( 1 PS]f-,p9,',~ EXT. a* ' ?FAX ?MOBILE ?PAGER 1 1 I MESSAGE 'rp '-A ~a e &AVERY' SIGNED r FEE-OE 99 12:39 FROM:POSTNET 8089592344 TO:%lE912 PFGE:O2 Letter to Editor In respoona to Governor Cayetano's call for the ban of firevorks IHonalulu Advertiser 1-6-99) in which be described the aituaUna as utter O&M, and stated that the acrid woke left his hoarse with respiratory problems. Be tbeo gays the problem is vast severe on tieha, and prvbibitica tight not be necessary on the Neighbor Islands. jr. Cayetasu I have been a resident and bomeowaer in Bawaii for 19 years. Hxplomvn were going off two weeks prior to lei Years Eve, and even ouw at times late at night in gay area, Puna, m the Big Island. It looked like a total war zone. Fireworks were thrown at my animals, at 3:45 as law Team my hoe served to explode into a huge fireball. I actually thought my house was an fire. later that morning I found that an aerial bad been stuck between a concrete slab and my front stairs. Perhaps the reason for thin was to bum data my hove. Ve already have a Bealth Baard an the Rig island with an wUve volcano that emits Vag. Ve are also an water catchaeat system By rain gutters mud roof were loaded eith dehris. The Cancer cauriag stoke and hale as well an the noxious odor lingered for days. Two of my animals fled and have not returned to date 11-21-99). Five of then bad horrible respiratory problem and their eyes look like little holes of blood. 8y vet bill has well exceeded s288.e8 and the animals are utill an medication. By an health has also been very much affected, coughing blood, bloody am, respiratory problems, ringing in my ears, plus SBITTCHER MM. Tell me, where is the unity in all of this. The Police want Fireworks banned. The Fire Chief wants them banoed, and so do most of the citizens. Gave we as a society become to regressed that we no longer bave any concern for each other, our animal friends, or our environment? It's a sad situation when you hear T.Y. and radio annouacnects to tramgailize our pets to keep them from becoming traumatized. Shame on ua, what has become of our sanity.' Who has the right to impose such legalized inexdty as another Wain, animal or our environment? To those of you who are camoerned about your bealth, healtb of loved ones, the animals, birds and tie environment, we all breathe these cancer causing toxic fuses, lathing abort of a total Fireworks ban on all Islands will do. Do out sit idly by, far we all pay the price with our healt.b. I suggest a Five Killion Dollar Class Action Lawo ut against the State of Bavaii, and all monies going to The Ronald Monald House. John Deny Felix, I commend you for your boldness stating as television am that the pro Fireworks lobbyist are very well funded and organized. Who is getting the payoff? gas oar thinking become so twisted, our moral standards w lov, that we do not have the fortitude to take a stand against legalized Insanity? If there is not a total ban of Firevorks then 1999 is just a foretaste of what the year 20% rill be. Lets work together for a quiet peaceful year 2888 for all including the enviroomeot and our aniv:il friends. Listed below are the address for the T.V. programs 60 Kinutes and 28.28. Perhaps tbey my be willing to investigate this natter further as our on legislature s ~a to he doing nothing about it. Talk is cheap, lets have acboo. Please and all letters and aevspaper articles to: W Bfautes West 57th Street New York, Bev York IN19 Fax 1-212-975-2819 28-28 147 Columbus Ave Bev York, Bev York IBM - god`-~S~ -93% P. O. Box 373 Kurtistown, HI. 96760 January 20, 1999 The Honorable Stephen Yamashiro Mayor of Hawaii County 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Yamashiro: I have lived in Hawaii since 1964 and in Kurtistown on the Big Island since 1986. My husband was born and raised in Pahala. During this time neither of us has exfe,-.enced such a scary, seemingly out-of-control New Year's Eve. Even before Christmas, the stores were yanking the Christmas decorations off the shelves in order to make room for fireworks. And, they were actually selling the fireworks before Christmas! Therefore, people were already blasting fireworks before Christmas. In fact, there wasn't one day between the time fireworks went on sale until several days after the New Year when there weren't explosions. Our Great Dane, who is very sensitive to loud noises, had to be on tranquilizers for more than a week instead of just the one night! We took our daughter and family to the airport on New Year's Eve about 7:00 p.m. and the smoke from fireworks was so dense it was hard to see. We noticed numerous rockets in both Hilo and Kurtistown. It was like WWIII and would have been impossible for the police to enforce. I heard on the news that our county was the only one to permit rockets (aerial fireworks) and may have been responsible for the other counties acquiring them. I would urge you not to take this issue lightly any longer. It would seem we have an out- of-control situation that cannot be enforced. People were blatantly ignoring the laws regarding fireworks. I would like to see a total ban on fireworks except for some cuntrofleu exhibitions. If our legislators and/or county councils will not ban the fireworks then they must do something to prevent further chaos like that of this past Christmas/New Year's holiday season. Thank you for your attention to this serious issue. Sincerely, Miriam V. Agcaoili cc: County Council Members