HomeMy WebLinkAboutCOM 1061.001 2014-2016 DENNIS "FRESH"ONISHI cP•' F„��''' PHONE: (808)961-8396
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Council Member nn.���, /�
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' EMAIL:donishi(athawaiicounty.gov
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HAWAII COUNTY COUNCIL
25 Aupuni Street,Hilo,Hawaii 96720
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MEMORANDUM
DATE: September 14, 2016 .. --
N _
TO: Dru Mamo Kanuha, Council Chair
And Members of the Hawaii County Council
FROM: A� Dennis "Fresh" Onishi, Council Member
SUBJECT: An Ordinance Renumbering Chapter 26, of the Hawai`i 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
Attached is an annotated version of the bill amending Chapters 26 and 14, of the Hawai`i
County Code 1983 (2005 Edition, as Amended), relating to the Hawaii State Fire Code
and fireworks. Because the bill proposes a new article and consequently is not
ramseyered, this annotation is provided to illustrate the proposed changes to the existing
fireworks article.
Please place this, along with the bill, on the next appropriate committee agenda.
Thank you
DO/de
Att.
Comm. No. / O(O t. 1
Ref. Tot ('SM74 -
Ref. Date SEP 15 2016
Hawai`i County is an Equal Opportunity Provider and Employer.
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."
Comments:
1. Moving fireworks article from chapter 14 into chapter 26, "Fire." Existing provisions
in chapt 26 will be placed in a new article 1 and a new fireworks article will become
article 2.
2. Revising the numbering format from 2 to 3 numbers. (Chapt-article-section)
Eventually will convert all numbering in the County Code to this 3 number format.
3. Did preliminary search throughout code for references to sections in chapt 26 in
other chapters. Only refs seemed to be in index.
SECTION 2. Chapter 14, article 5 of the Hawai`i County Code 1983 (2005 Edition, as
amended), entitled "Fireworks," is repealed.
SECTION 3. Chapter 26 of the Hawai`i County Code 1983 (2005 Edition, as amended)
is amended by adding a new article to read as follows:
Comment: As this would be a "new" article it will not be ramseyered in the bill.
"Article 2. Fireworks Code.
Division 1. General Provisions.
Comment: Placed secs relating to title, definitions, and public information into new
division entitled "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 [of
Hawai`i].
Comment:
Source: 14-25, HCC
Section 26-2-2 Definitions.
Whenever used in this article, unless the context otherwise requires:
United States Bureau of Explosives or contained in the regulations of the United States
Department of Tranupertation and designated-as UN 9336 1.4G, which produces an audible or
visible effect and which is designed-te rose into the air and explode or detonate in the air or to fly
1
permit for public display issued by the County under section 132D 16, Hawai`i Revised
Statutes.] "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, Hawai`i Revised Statutes; and
(3) ["Aerial common fireworks" Include] Including firework items commonly known as
bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs,
roman candles, flying pigs, [and]jumping jacks[, which] that move [above] about 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.
Comments:
1. Sources: 14-26, 132D-2 with some changes.
Replaced term "aerial common fireworks" with "aerial device" to be consistent with
132D-2, HRS.
2. Divided elements of def using numbers (1), (2), (3)to make language clearer.
3. Adds, rise "higher than twelve feet" into the air.
4. Re.jumping jacks, "replaced "above" with "about"to be consistent with def in HRS
132D-2. Note that"move about the ground" has a different meaning than "move
above the ground."
"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.
Comments:
1. New definition.
2. Source: 132D-2, HRS.
3. Articles pyrotechnic are not included in category of fireworks.
public during prescribed 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 1.1G.]
Comments:
1. Deleted .
2. Replaced with "Consumer fireworks".
"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
2
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; [that-are-single
- • . .. •: .,] 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.
Comments:
1. Source: 132D-2, HRS.
2. Replaces def of"common fireworks" in 14-26, HCC.
3. Pulled def of firecrackers from this def and made into a separate def.
4. Replaced commas between items with semicolons.
[(3)] "County fire code" means [the Uniform Fire Code, 1988 Edition" (UFC), and the "1989
and 1990 Uniform Fire Code Supplements," as copyrighted and published by the Western Fire
Chiefs] chapter 26, article 1, of this Code.
Comments:
1. Source: 14-26, HCC, updated.
2. Chapter 26, article 1, of the HCC adopts the NFPA 1 by reference so it is not
necessary to cite it.
[(4)] "County [safety] building code"means [the "Uniform Building Code, 1991 Edition" as
copyrighted and published by the International Conference of Building Officials. State and
Code Counc 1, nab chapter 5 of this Code.
Comments:
1. Source: 14-26, updated.
2. Chapter 5 of the HCC, adopts the Intl Building Code by reference so it is not
necessary to cite it.
[(5)] "Cultural" means relating to the arts, customs, traditions, mores, and history of all of the
various ethnic groups of Hawai`i.
[(6)] "Department" means the Hawai`i fire department [, of the County of Hawai`i].
Comment: Added "Hawai`i" before "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.
Comments:
1. New definition—not in HCC.
2. Source: 132D-2, HRS.
3
"Display fireworks" means any fireworks designed primarily for exhibition display by
producing visible or audible effects and classified as display fireworks or contained in the
regulations of the United States Department of Transportation and designated as UN0333,
UN0334, or UN0335, and includes salutes containing more than two grains (one hundred and
thirty milligrams) of explosive materials, aerial shells containing more than forty- grams of
pyrotechnic compositions, and other display pieces which exceed the limits of explosive
materials for classification as "consumer fireworks." This term also includes fused set pieces
containing components, which together exceed fifty milligrams of salute power.
Comments:
1. New definition—not in HCC.
2. Source: 1320-2, HRS,except removed prohibition"The use of display fireworks shall
be prohibited for use by any person who does not have a display permit issued by,the
County"from this def and placed in general prohibition section 26-2-21(a), also 26-2-
44.
"Fire chief'means the chief of the Hawaii fire department or the chiefs duly authorized
representative.
Comment:
Added this new definition as this term is used in permitting and licensing divisions.
"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 [and] that contain a charge of not more
than fifty milligrams of pyrotechnic composition.
Comments:
1. New definition—not in HCC.
2. Extracted from def of"consumer fireworks"from 132D-2, HRS.
[(7)] "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 [ . ' . . . • • . . '.
fireworks by the United States Bureau of Explosives or contained in the regulations of the United
States Department of Transportation and designated as UN 0335 1.3G or UN 0336 1.1G.] 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, [of the] Hawaii 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. [The term "fireworks" also shall include any explosives and pyrotechnics
regulated under chapter 396, Hawai`i Revised Statutes.]
Comment:
Sources: 14-26, HCC—amended to be consistent with def found in 132D-2HRS.
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[(8)] "Import" (and any nounal, verbal, adjectival, adverbial, and other equivalent form of the
term used interchangeably in [these rules] this article) means to bring or attempt to bring
fireworks or articles pyrotechnic into the [State] County or to cause fireworks or articles
pyrotechnic to be brought into the [State] County.
Comments:
1. Sources: 14-26(8),HCC and 132D-2, HRS.
2. Replaced "State" with "County." When taken in conjunction with sec 26-2-31, means that
persons wishing to import fireworks into Hawaii County need to obtain a license from Hawaii
County(not another County).
3. Added "articles pyrotechnic" following fireworks.
[(9)] "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.
Comments:
1. Sources: 14-26, HCC and 132D-2, HRS.
2. For clarification, changed term from "for a period not to exceed one year from the
date of issuance to March 31 of the following year" to "for a period from April 1 of
the year in which the license was issued to March 31 of the following year."
"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.
Comments:
1. New definition—not in HCC.
2. Source: 132D-2, HRS.
[(10) "Nonaerial common fireworks"means any firework, 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/IG, which produces an audible or
or spinning rapidly on or near the ground, emits smoke, a shower of colored sparks, whistling
containing a charge of not more than fifty milligrams of pyrotechnic composition, snakes,
sparklers, fountains, and cylindrical or cone fountains which emit effects up to a height not
smoke devices, wheels, and ground spinners which when ignited remain within a circle with a
5
produce the same or similar effects.]
Comment:
Source: 14-26, HCC. Deleted as this definition has been incorporated into the def of
"consumer fireworks."
"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.
Comments:
1. New definition—not in HCC.
2. Source: 132D-2, HRS.
"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.
Comments:
1. New definition—not in HCC.
2. Source: 132D-2, HRS (2015 Supp)
[(11)] "Permit" means a nontransferable, formal authorization, valid for a period not to exceed
one calendar year from the date of issuance and which [a county] the department is authorized to
issue under chapter 132D, Hawai`i Revised Statutes, to engage in the act or acts specifically
designated [herein] therein.
Comments:
1. Sources: 14-26, HCC and 132D-2, HRS.
2. Replaced "a county" with "the department" and "herein" with "therein."
[ "' . - • • - . " .. .. . -. - ' - - : .. : '
activities (including such activities as movie or television production).
Comments:
1. Source: 14-26, HCC.
2. Replaced by "display." See 132D-2, HRS.
[(13)] "Pyrotechnic composition" or"pyrotechnic contents"means the combustible or explosive
component of fireworks.
Comment:
Sources: 14-26,HCC:and 132D-2, HRS.
"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.
Comment:
1. New definition—not in HCC.
2. Source: 132D-2, HRS.
3. Inserted new provision using this term in subset 26-2-44(j).
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"Redistribution"means the receiving, separating, consolidating or delivery of fireworks to
wholesale, retail, or storage locations.
Comments:
1. New definition.
2. Changed "and/or"to "or".
"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.
Comment:
1. New definition-not in HCC.
2. Source: 132D-2 HRS.
[ • _ • . . .
by producing 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
! .
Comment:
1. Source:. 14-26,HCC.
2. Dei instio removed because this bill removes this berm'.
[(15)] "State Fire Code" means the current State [Madel] Fire Code as adopted by the State of
Hawai`i [on March 27, 1992,] pursuant to chapter 132, Hawai`i Revised Statutes[, which model
code adopts, with modifications, the "Uniform Fire Code, 1988 Edition" (UFC), and the "1989
and 1990 Uniform Fire Code . . .. - --- - ," . . . . . . .. . • - . •- - - . -
Chiefs • . - . -- - - •. . . - - - - . . .. . : ! .. ].
Comment:
Source: 14-26,HCC,as amended.
"Store"means to have or keep in reserve for future distribution or delivery.
Comment:
New definition.
"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.
Comments:
1. New definition-not.in HCC.
2. Source: 132D-2,HRS(2015 Supp)
[(-1 ] "Unit"means one individual firecracker.
Comment:
Source: 14-26,HCC.
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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
[(1) The office of the county clerk, where there are on file all rules of the department; or at
(2) The office of the Hawai`i County fire department.]
(b) [Depa entfiles] Department records which are subject to inspection by the public
pursuant to [chapter 91,] chapters 92 and 92F,Hawai`i Revised Statutes:
a) [may] May be examined upon request[.]; and
(2) Are available upon payment of the fees established by statute or County ordinance.
[(c) 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
(d) Copies of the department's proposed and final rules and all public records of-the
department are available upon payment of the fees established by statute or county
ordinance.]
Comments:
1. Formerly sec. 14-32, HCC. Moved into new"General Provisions" division.
2. Revised to streamline procedure.
3. (b)—replaced ref to chapt 91 with chapts 92 &92F.
Division 2. Prohibitions.
Comment: New division.
Section 26-2-21. General prohibitions.
(a) Fireworks, including aerial devices, consumer fireworks, [and] 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.
Comments:
1. New subsection. Added to make explicit the prohibition implied by secs 14-27(a)
(licenses), 14-27(1) (permits), 14-29 (permits), 14-34 (penalties), 14-35 (minors), as well
as the prohibitions set out in 14-33 (gen'l prohibitions)
2. Characterizes aerial devices, consumer fireworks, and display fireworks as fireworks
and articles pyrotechnic in another category.
3. Adds "possessed" and "transferred" to match 26-2-61(a)(2) (source: 14-34(b), HCC-
possessing) and 26-2-61(a)(3) (source: 14-34(c) -transfers).
(b) It shall be unlawful for any person to:
(1) Remove or extract the pyrotechnic contents from any fireworks or articles
pyrotechnic;
Comment: Source: sec. 14-33(a).
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(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;
Comments:
1. Source: sec. 14-33(a)—added add'I language per 132D-14(a)(4).
2. Separated removing and extracting contents(in paragraph 1) and using contents
to construct fireworks into separate paragraphs (paragraph 2) to make clear that
these are two separate offenses.
(3) Throw any [ignited] fireworks or articles pyrotechnic from a [moving] vehicle;
Comment:
Source: sec 14-33(b)—removed "ignited" before fireworks and "moving" before
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 [11 29] 26-2-
41(b), unless permitted pursuant to [section 14 30] 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;
Comment:
Added "zoo, animal shelter."
(C) Within three hundred feet of any consumer fireworks retail sales facility;
Comment:
Added.
(D) In any school building, or on any school grounds [ ] or yards on any
occasion; and
Comment:
Changed "and"to"or" before "yards"
(E) On any highway, alley, street, sidewalk or other public way; in any park;
[within fifty feet of a canefield] 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 [Lection 11 30] division 4 of
this article ;
Comment:
Removed canefields, added public beach
(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
Comment:
New .
9
(6) It shall he unlawful to violate any of the provisions of this article.
Comment:
New catch-all provision,added to facilitate enforcement.
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.
Comments:
1. Sources: 14-33(d) and 14-35, HCC and 132D-12, HRS.
2. 14-33(d) and 14-35 are duplicative except that 14-35 creates exception for parental consent to
use. This is confusing so combined them into one section like in the HRS.
3. Added "articles pyrotechnic."
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.
Comments:
1. Source: sec. 14-33(d) and 132D-13.
2. Divided into two parts .
3. Although this would fit in the penalties and enforcement division, elected to keep in
prohibitions section to keep it adjacent to sec. 26-2-22 re minors.
Division 3. Licenses.
Comment: New division.
Section 26-2-31. License required.
(a) Any person desiring to store, offer to sell, or sell, at wholesale or retail, aerial [common
mss,] devices, [special] consumer fireworks, display fireworks, [or nonaerial common
mss,] or articles pyrotechnic or to possess aerial [ : •- • . . '.
fifewerks] devices, display fireworks, or articles pyrotechnic within the County [ef
Hawai`i] shall obtain a license issued by the department.
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(b) Any person desiring to import aerial [common fireworks,] devices, [special] consumer
fireworks, display fireworks, [: . • • . • ,] or articles pyrotechnic into
the County [of Hawai`i] shall obtain a license issued by the department.
Comments:
1. Sources: 14-27(a), HCC and 132D-7(1) and (2), HRS.
2. Added "articles pyrotechnic" to list.
3. Moved imports to a separate subsection because import "into" County and store,
sell, etc. "within" County. So for grammatical reasons separated provisions.
4. Subsec (b) means that need import license issued by Hawaii Fire Dept, not from other
county, if want to import into Hawai'i County. See amended def of"import."
Section 26-2-32. General license provisions.
(a) A license may only be issued to a person eighteen years of age or older.
Comment:
Source: Subsection (a) - 14-27(b), HCC;
(b) Licenses are nontransferable.
Comment:
Sources: 14-27(c), HCC; 132D-8(a), HRS (2015 supp).
(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.
Comment:
Sources: 14-27(d), HCC; 132D-8(a), HRS (2015 supp). Amended.
(d) Licenses shall be prominently displayed in public view and secured at the location for
which the license has been issued.
Comment:
Sources: 14-27(e), HCC; 132D-8(f), HRS(2015 supp).
Section 26-2-33. License application process.
[(1)](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 [or at those locations
Comments:
1. Sources: 14-28(a), HCC; 132D-8(a), HRS(2015 supp).
2.Added articles pyrotechnic.
3. Removed "or at those locations so designated by the department."
[(2)](b) Completed applications for licenses may be delivered [in-person] during business hours
from 8:00 a.m. to 4:00 p.m. or mailed to the department.
Comment:
Sources: 14-28(e), HCC.
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[(3)](c) Applications for all licenses shall be submitted to the department at least [twenty
working] forty-five calendar days from the date on which importing, storage,
wholesaling or retailing activities would begin.
Comment:
Source: 14-28(b), HCC. Replaced "twenty working" days with "forty-five calendar" days.
[(4)](d) [The department shall determine whether or not to issue the license.] The department
may deny an application for a license if the applicant is not in compliance with the
requirements of[these rules] this article or chapter 132D, Hawai`i Revised Statutes or if
the proposed [use] use or activity presents a substantial inconvenience to the public or
an unreasonable fire or safety hazard. Licenses or denials of[licenses] license
applications will be mailed to the applicant by the department.
Comments:
1. Source: 14-28(f), (i), HCC and 132D-9, HRS.
2. Added as basis for denial, "if the proposed use presents a substantial inconvenience
to the public or an unreasonable fire or safety hazard." From 132D-9.This HRS
section pertains to permits.
3. Changed "use" to "use or activity."
Section 26-2-34. Applications to include.
(a) Applications for all licenses shall [state] be in writing, signed by the applicant and shall
include [the fol owing]:
(1) The date of the application; [and]
(2) [the] 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; [or] 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.
Comments:
1. Source: 14-28(e) and (g),(1) HCC.
2. Inserted requirement to submit self-addressed envelope to this subsection.
[(2)1(b) If the license is to import consumer fireworks, the application shall also include [the
fallowing]:
j(A)](1) The address [of the location] of the importer;
[(13)](2) The date upon which importation will begin;
[(C)](3) Class and estimated quantity of fireworks to be imported[:]; and
[(D)](4) The physical address where the fireworks will be stored.
Comments:
1. Added "consumer" before fireworks because subsection (c)that follows, deals with the
other categories of fireworks and articles pyrotechnic.
2. Source: 14-28(g),(2) HCC.
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3. In (1) removed "of the location"—awkward language and doesn't add anything to the
meaning.
4. In (3) added "physical address."
[(3)](c) If the [application for a] license is to import aerial devices, display fireworks, or
articles pyrotechnic, the application shall also include:
j(A)](1) The address [of the location] of the importer;
[(B)](2) The date upon which importation will begin;
j(C)](3) Class and estimated quantity of fireworks to be imported[-]2
[(D)](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.
Comments:
1. See previous subsection (b) that relates to consumer fireworks. Amended so that this
subsection describes contents of applications for display event fireworks.
2. Source: 14-28(g),(2) HCC and 132D-8.6(a)(4)(A), HRS.
[(3)](d) If the license is to store, offer to sell, or to sell fireworks, the application shall also
include [the following]:
[(A)](1) The date upon which the storage, sale, or offers for sale will begin;
[(B)](2) The address of the location of the licensee;
[(C)](3) The address where the fireworks will be stored, and the address where the
sales or offers to sell will occur;
[(D)](4) The name of the proprietor; or
[(£)](5) If a partnership, the name of the partnership and the names of all partners;
or
[(F)](6) If a corporation, the name of the corporation and the names of its officers.
Comment:
Source: 14-28(g)(3)
Section 26-2-35. Application fees.
[(1)](a) [The fee for each license required under this section shall be for each year, fraction of a
year, or event, in which the licensee plans to conduct business in the County where the
permitted activity is to occur. The fee schedules are as follows:] 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.
Comments:
1. Source: 14-28(c), HCC, 132D-11(a) and (b), HRS.
2. Replaced ref to "under this section" with specific reference to 26-2-31, HCC, per
132D-11(a), HRS. This HRS sec refers to sec 132D-7, HRS that is the authority for 26-
2-31, HCC.
3. Specified that all fees are per year.
13
(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.
Comments:
1. New language.
2. Source: 26-2-2 of this bill, definition of"license."
[(2)](c) The nonrefundable fee for each license [is] shall be made payable to the [County]
director of finance and [must] shall be submitted to the department with the application.
[The fee is nonrefundable.]
Comments:
1. Source: 14-28(c), HCC.
2. Changed "must"to "shall."
3. Moved this subsection to follow a listing of the fees.
[(3)](d) The department shall provide an exemption from [the] license fees to nonprofit
community groups for importation and storage of fireworks or articles pyrotechnic for
displays once a year.
Comment:
1. Source: 14-28(d), HCC and 132D-11(a), HRS.
2. Added "articles pyrotechnic" per 132D-11(a), HRS.
Section 26-2-36. Requirements of licensee. [(submitted-to-the-department).]
(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 [section
14-29] division 4 (Permits).
Comments:
1. Source: 14-27(f), HCC and 132D-8(d), HRS(2015 Supp).
2. Added language that was added to sec. 132D-8(d), HRS, in 2015 Supp.
(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.
Comment:
Source: 14-27(f)(1), HCC and 132D-8(d), HRS (2015 Supp).
(3) No fireworks shall be sold or delivered to any permittee in any amount in excess of
the amount specified in the permit[, less the amount shown on the permit previously
to hae been purchased;].
Comment:
Source: 14-27(f)(2), HCC and 132D-8(d), HRS (2015 Supp).
14
(4) No fireworks shall be sold to a permittee holding a permit issued for purposes of
[section 14 29] sections 26-2-42 through 26-2-44, more than five calendar days prior
to the designated periods for use as set forth in [section 11 29] sections 26-2-42
through 26-2-44.
Comments:
1. Source: 14-27(f) and 132D-8(d), HRS(2015 Supp).
2. 26-2-41 relates to consumer fireworks other than firecrackers; 26-2-42 relates to
firecrackers; 26-2-43 relates to fireworks for cultural purposes; and 26-2-44
relates to aerial common fireworks.
(b) Structures, buildings, and facilities.
. - . _ . ] Structures, [ate] buildings, and
facilities where fireworks are stored or redistribution activities are performed shall comply
with [the currently adopted] County, State, and National building [er] and fire codes. [or
•- . _ .. . .1
Comments:
1. New language.
2. Source: 132D-8(c), HRS.
(c) Reporting.
Any person who has obtained a license [under section HRS 132D 7] 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.
Comments:
1. New language.
2. Added "fireworks" or"articles pyrotechnic." Same for paragraphs(2), (3), and (4).
3. Revised language for clarity.
(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.
Comments:
1. New language.
2. Revised language for clarity.
(3) Storage facilities shall:
(A) [They-will-also] 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
15
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.
Comments:
1. New language.
2. Revised language for clarity.
(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.
Comments:
1. New language.
2. Revised language for clarity..
(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).
Comments:
1. New not in HCC.
2. Source: 132D-15, HRS.
Section 26-2-37. Compliance and revocation.
[(h)]() [ ] 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 [Safety] building code.
Comment:
Source: 14-28(h)and 14-27(g),HCC.
[(2)](b) Persons to whom licenses are issued shall comply with the provisions of: the
license; [section 11 29] this article; chapter 132D, Hawai`i Revised Statutes; and
all applicable County, State, and Federal laws.
Comments:
1.Source: 14-27(g),HCC,and 132D-8(c),HRS..
2.Added requirement that licensees comply with license.
16
[(3)]& 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
Comment:
Source: 14-27(g), HCC,and 1320-8(b), HRS.
[(-4)lisll If the department discovers at a later date that a licensee has been convicted of a
felony under this article or 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.
Comment:
Source: 14-27(i) and 14-28(j), HCC. (These existing provisions in the HCC duplicate each
other.)
Division 4. Permits.
Comment: New division.
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.
Comments:
1. Source: 14-29(a)-(4 HCC,-1320-3,132D-4,and 1324-14 HRS.
2. Changed.``Consumer:firew,orks commonly known as firecrackers"to`+firecrackers."
3. Revised language to improve clarity.
(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.
17
Comments:
1. Source: 14-29(b)(1), HCC, 132D-3(1), HRS.
2. Added this section to clarify that permits not required for this type of consumer
fireworks.
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.
Comments:
1. Changed reference to "firecrackers" instead of"consumer fireworks" or"consumer
fireworks commonly known as firecrackers."
2. Source: 14-29(b)(2), HCC and 132D-8.6(b), and (c)(2), HRS.
3. Permits to purchase -source: 14-29(1)(A), HCC.
Permits to use—source: 14-29(1)(B), HCC.
(b) Not more than five thousand individual firecrackers shall be allowed per each permit.
Comment:
1. Source: 14-29(b)(2), HCC and 132D-3, HRS.
(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 [person and permittee,] 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.
Comment:
1. Source: 14-30(b)(1), HCC and 132D-9, HRS.
2. Amended.
(d) The nonrefundable fee for this permit[is] shall be $25, payable to the [County] director of
finance, [' ] and must be submitted at the time of the application.
Comment:
Source: 14-30(b)(2), HCC and 132D-10(1),HRS.
(e) [Any purchase of non aerial common consumer-fireworks] Firecrackers with a permit issued
pursuant to this section [shall not occur] may not be purchased more than five calendar days
prior to the designated periods for use set forth in subsection (a).
Comment:
Source: 14-30(b)(3), HCC.
18
(f) [A] Each permit issued pursuant to this section shall not allow purchase of[nen-aerial
common] [ : - . -- ] firecrackers for more than one event as set forth in
subsection (a).
Comment:
Source:14-30(b)(4), HCC and 132D-9, HRS.
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).
Comment:
Source: 14-29(6)(3), HCC and 132D-3, HRS.
(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.
Comment:
Source: 14-29(b)(4), HCC and 132D-3, HRS.
(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 [person and permittee,] applicant
and the person who will control the firing of fireworks, if different;
(2) Name(s)of the organization's, corporation's, club's, establishment's, or other entity's
proprietor(s), partners)or officer(s)and verification that the person making the
application is the authorized agent of the entity;
[(3) Name, address, telephone number and age of the person who will supervise the use of
• . - - - ;]
(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 [non aerial
common] consumer fireworks.
C
1. Source:`14 30(c),.11CC and`_
2D-9,HRS.
2. Amended
(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 cultural purposes or occasions, or desiring to provide for the
discharging, firing, or exploding of[non aerial common] 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 [is] shall be $25, payable to the [County]
director of finance,[ ' ] and must be submitted at the time of the
application.
19
(2) A permit issued pursuant to [paragraph-2-9f] this subsection shall not allow purchase
of[ ] consumer fireworks for more than one event.
Comment:
........................_............
Source: 14-30(c)(2), HCC.
(e) A permit may be issued to an establishment for the use of non aerial common consumer
fireworks at the establishment during the period of the permit. Such permit may allow the
establishment to purchase [non aerial common] consumer fireworks for cultural purposes
specified in the permit.
(1) The nonrefundable fee for this permit [is] shall be $25,payable to the [County]
director of finance, [' ,] and must be submitted at the time of the
application.
(2) The time period of[the] a permit for [the] an establishment shall not exceed six
months.
Comment:
Source: 14-30(c)(3), HCC.
(f) ["ny purchase ^f] [no~ era' common] Consumer fireworks,.with a permit issued pursuant
to this section,. [shall not occur] may not be purchased more than five calendar days prior to
the designated periods for use as set forth in [11 29(b)] subsection 26-2-41(b), and as stated
on the permit.
Comment:
Source: 14-30(c)(4) MCC.
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 [if] for [public] display and if
permitted in writing pursuant to this section.
Comments:
1. Sources: 14-30(d)(1), HCC and 132D-4(a),HRS.
2. Added "discharged"
(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.
Comments:
1. Source: 1320-4(b),.:HRS.
2. Added 9:00 am to 9:00 pm time period per 1320-4(b)as this time period already
applies to display permits in the State.
3. Added new language about requests for extension of time period.
20
(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.
Comment:
New.
(d) Display permit applications shall be in writing, signed by the applicant and [state] 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 [Gicertificate of[F]fitness, issued by
the State of Hawai`i;
Comment:
COF is verification that person is licensed.
(3) The time, date, [ e]physical address,and plot plan of the [place for] display site,
of the display including distances between the location where the display will take
place and [tel buildings, spectators, roadways, and special hazards;
(4) A complete inventory of the type and quantity of aerial [ : •• • . ,]
devices, [special fireworks, or both,] display fireworks, and articles pyrotechnic to
be [wed][wed] purchased, set off, ignited, discharged, or otherwise caused to
be exploded, including product size, type, and amount;
(5) The purpose or occasion for [which] the display [is to be presented];
(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, [andlor 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 [ •. . . • . . • • . ' • -
public-display-permit], 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.
Comments
1. SouneP 14 30(dUU2),I-ICC"and 1329-16(b).
2. Incorporated new I r1 uage about Info to include in applications into this section.
21
[(5)]()No [public] display permit shall be issued unless the applicant presents, at the applicant's
option, either:
[(A)](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 [$5,000] $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
[ 000] $500,000 for injury to, or death of, two or more persons; and in the
amount of not less than [ 000] $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 [public] display[ ],
The County of Hawai`i, its officers, agents, employees, and affiliates, shall be listed
as an additional insured on the insurance certificate; or
[(B)1a) 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 [ 000] $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
[public] display.
Comments:
1.Sources!14-3014)(5),HCC and132D-16(c).
2.After consulting with County risk manager;increased coverage to amounts in greater
accord with current conditions to protect the County.
[(6)](f) The department may require coverage in amounts greater than the minimum amounts set
forth in [paragraph 5] subsection(e) of this section if deemed necessary or desirable in
consideration of such factors as:
[(A)](1) Location and scale of the display;
[(B)](2) Type of aerial [common fireworks,] devices, [ , : .. -,]
display fireworks, [and/or] or articles pyrotechnic to be used; and
[(C)](3) Number of spectators expected.
Comments:
Sources: 14-30(d)(6),HCC and 1320-16(c).
[(4)](g) The nonrefundable fee for this permit [is] shall be $110 for each [year or fraction of a
- - -•• - -- . ., . . .. •-- ,] event, payable to the [County]
director of finance, [' ,] and must be submitted with the application.
Comments:
Source: 1,4-30(0)(4),HCC
22
[(3)](h) An application for a [public] display permit shall be submitted to the department not less
than twenty [working] calendar days before the proposed date of the [public] display. All
[. :: ' . . , . ---• , - ] items required to be included with the permit
application shall accompany the application at time of[submission] submittal.
Comments:
Source: 14-30(d)(3), HCC
[(7)]f Prior to the issuance of a [public] 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," [1945] 2011 Edition, which are incorporated herein by reference.
Comments:
Source: 14-30(d)(7), HCC
(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.
Comments:
1. New language
2. Added language to require separate payments per each day of an event.
[(8)](k)A [public] 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 [or]
and chapter 132D, Hawai`i Revised Statutes are [not] 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.
Comments:
1. Source: 14-30(d)(8),HCC,132D-16(d), HRS.
2. Changed first sentence to address when a permit may(not shall) be issued instead of
when a permit shall be denied.
3. Added provisions from 132D-16(d)
0 (1) The applicant shall be notified in writing whether the display permit has been approved
or denied within ten [(10)] working days after receipt of application.
Comments:
1. New language.
2. Added"working„before"days."
( }(m) If required by the department, written notification of an upcoming display[ 4] 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.
Comment:
New language.
23
[(9)](n) Notwithstanding the foregoing, any [per] 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 [day] date of the proposed
firing may reasonably be believed to make the use of aerial [even
mss] devices, [special fireworks, or both,] display fireworks, or articles
pyrotechnic hazardous to persons or property;
(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.
Comments:
1. Source: 14-30(d)(9), HCC.
2. Added language regarding red flag warning.
[(11)](o)A post-display report shall be submitted to the department within five days after the
display.
Comment
1. New language.
Section 26-2-45. General permit provisions.
(a) A permit may only be issued to a person eighteen years of age or older.
Comment:
Source: 14-29(d)(1), HCC.
(b) Permits are nontransferable.
Comment
Source: 14-29(d)(3), HCC, 132D-9, HRS
(c) Permits are valid for a period beginning on January 1 and ending December 31. [but-in] In
no case shall the period of a permit exceed one year. [expiration date exceed the period of
one year from the date of issuance or effect of the permit.] The date of issuance or effect
and the date of expiration shall be noted on the permit.
Comments.
1. Sources: "14-29{d)(8}, HCC, 132D-9,NRnn
2. Amended to insert beginning and ending dates.
(d) Permits are valid only when the fireworks are used at the site, on the date, and during the
time[] indicated on the permit.
Comments:
1. Source: 14-29(d)(4), HCC.
2. Amended language slightly for clarity.
24
(e) Permits shall be prominently displayed in public view at the [site] location, on the date, and
time indicated on the permit.
Comments:
(a) Source: 14-29(d)(5) and 132D-9, HRS.
(b) Removed provision "permit may be issued to any person for cultural purposes."
This is addressed by(a).
(c) Conformed contents to 26-2-32 "General license provisions."
Section 26-2-46. Permit application process.
[(1)](a) Applications for permits [sem] may be obtained at the department or at [these locations
[se] designated by the department.
[(2)](b) Completed applications for permits may be delivered [i-person] during business hours
from 8:00 a.m. to 4:00 p.m. or mailed to the department.
[(3)](c) The department may deny an application for a permit if the applicant is not in
compliance with the requirements of[these rules] 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[licenses] permit
applications [will] shall be mailed to the applicant by the department.
Comment:
Source: 14-30(a) and 132D-9.
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.
Comments:
1. Based on 14-29(d)(7) and 14-27(h), HCC—regarding licenses.
2. Revised language to be consistent with language in license provisions.
Division 5. Importation and Exportation.
Comments:
1. New division.
2. Titled "Importation and Exportation".
Section 26-2-51. [ •• . . •: •, : • _, • . • • . . :•.] Licensee's duty of
notification.
[Licensee's duty of notification.] Any person who has obtained a license pursuant to
[section 132D 7, Hawai`i Revised Statutes,] this article, and ships fireworks or articles
pyrotechnic into or out of the County [of Hawai`i] shall:
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(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, . . • - . , •. ] 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 [fire chief of 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) [At the time shipping] When a shipment is booked, the importer, shipper, or
consignee shall notify the [fire chief of the] department in writing of the expected
shipment's landing date[..-]; and
Comments:
1. Source: 14-31 HCC and 132D-8.6(a),HRS. Amended slightly.
2. Changed title.
(6) Upon receipt of any shipment, provide the [ice] 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.
Comment:
New.
Section 26-2-52. Inspection of fireworks.
[D' - •. . •- -•. • . .] The department shall be allowed to
inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles
pyrotechnic [either] when a shipment of fireworks has landed and becomes subject to the
jurisdiction of the department or before a shipment leaves the jurisdiction.
Comment:
1. Source: 14-31(b), HCC-as amended and 132D-8.6(b), HRS.
2. Added "before a shipment leaves the jurisdiction." Placed in new section
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
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(2) Satisfy the requirements of the State fire code, County fire code,and County
[Safety] building code.
Comment:
1. Source: 14-31(c) HCC--as amended and 1320-8'„6(c), HRS.
2. Placed in new section
(b) [ ' • - - - , . . •]
Aerial [common fireworks,] devices, [special fireworks, or both,] display fireworks, or
articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient
for an anticipated three-month inventory; [chxcept] provided that if a licensee [under section
1'I 28] provides aerial common fireworks, special fireworks, or both,] aerial devices,
display fireworks, or articles pyrotechnic for [public] displays as allowed [under section
11 30(d)] pursuant to this article more than once a month, the licensee may import or store,
if necessary, sufficient aerial [common fireworks,] devices, [special fireworks, or both]
display fireworks, or articles pyrotechnic, for a six-month inventory.
Comment:
1, Source;14-31(d), HCC—as amended and 132D-8.5,HRS.
2. Combined these provisions in new section
Division 6. Enforcement and penalties.
Comment: New division.
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.
Comment:
1. Source: 14-34(a),HCC as amended and 1320-14(a)(1), HRS.
2. Amended torinclude"fireworks and articles pyrotechnic.
3, Inserted penalties from 132D 8.6(f),HRS. Removed classes for misdemeanors and
petty misdemeanors.
(b) Any person [purchasing, possessing, setting off, igniting, or discharging aerial common
. ] who purchases,possesses, sets-off, or discharges fireworks
or articles pyrotechnic without a valid permit [under sections 132D 10 and 132D 16,
Hawai`i Revised Statutes,] or [storing, selling, or possessing aerial common fireworks or
special freworks] who stores, sells, or possesses fireworks or articles pyrotechnic without a
valid license [. •- - •. ` , - - -' • P - ' . . • • - ] pursuant to this article shall
be guilty of:
(1) A class C felony if the total weight of the [aerial common fireworks or special
frrewerlks] fireworks or articles pyrotechnic is twenty-five pounds or more[7-shail-be
guilty of a class C felony]; or
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(2) A misdemeanor if the total weight of the [aerial common fireworks or special
fifewerks] fireworks or articles pyrotechnic is less than twenty-five pounds[7shall-be
guilty of a misdemeanor].
Comment:
1. Source: 14-34(b), HCC—as amended and 132D-14(a)(2), HRS.
2. Extended to apply to fireworks and articles pyrotechnic.
(c) Any person who transfers or sells [.- '• • • . '• ]
fireworks or articles pyrotechnic to a person who does not have a valid permit [under
sections 132D 10 and 132D 16, Hawai`i Revised Statutes,] pursuant to this article, shall
be guilty of a class C felony.
Comment:
1. Source: 14-34(c), HCC—as amended and 132D-14(a)(3), HRS.
2. Extended to apply to fireworks and articles pyrotechnic.
(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.
Comments:
1. Source: 14-34(d), HCC—as amended and 132D-14(a)(3), HRS.
2. Divided into two separate offenses to prohibit removing contents by itself as well as
in conjunction with reassembling into another device.
(e) Except as provided in [subsections (a), (b), (c), and(d),] 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 [: . - . . -. ... . - , . - - - - - • ••`
•
County Charter, as amended.] fined not more than $2,000 for each violation.
Comments:
1. Source: 14-34(e), HCC—as amended and 132D-14(b) HRS.
2. References violations of chapter 132D, HRS also.
3. Replaced reference to 13-11 of the charter with explicit penalty amount from 132D-14(b),
HRS.
(f) 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, Hawaii Revised Statutes.
Comments:
1. Source: 132D-14(d) HRS.
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(2) A misdemeanor if the total weight of the [aerial common fireworks or special
fireworks] fireworks or articles pyrotechnic is less than twenty-five pounds[, shall be
guilty of a misdemeanor].
Comment:
1. Source: 14-34(b), HCC—as amended and 132D-14(a)(2), HRS.
2. Extended to apply to fireworks and articles pyrotechnic.
(c) Any person who transfers or sells [.- '. • • . . '. ]
fireworks or articles pyrotechnic to a person who does not have a valid permit [under
sections 132D 10 and 132D 16, Hawai`i Revised Statutes,] pursuant to this article, shall
be guilty of a class C felony.
Comment:
1. Source: 14-34(c), HCC—as amended and 132D-14(a)(3), HRS.
2. Extended to apply to fireworks and articles pyrotechnic.
(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.
Comments:
1. Source: 14-34(d), HCC—as amended and 132D-14(a)(3), HRS.
2. Divided into two separate offenses to prohibit removing contents by itself as well as
in conjunction with reassembling into another device.
(e) Except as provided in [subsections (a), (b), (c), and (d),] 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, Hawaii Revised
Statutes, shall be [prosecuted pursuant to section 13 11, penalties section of the Hawai`i
County Charter, as amended.] fined not more than $2,000 for each violation.
Comments:
1. Source: 14-34(e), HCC—as amended and 132D-14(b) HRS.
2. References violations of chapter 132D, HRS also.
3. Replaced reference to 13-11 of the charter with explicit penalty amount from 132D-14(b),
HRS.
(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.
Comments:
1. Source: 132D-14(d) HRS.
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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.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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