Bill Text: HI HB1664 | 2014 | Regular Session | Amended
Bill Title: Fireworks Storage
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-04-16 - Act 011, 4/15/2014 (Gov. Msg. No. 1111). [HB1664 Detail]
Download: Hawaii-2014-HB1664-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1664 |
|
TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO FIRE PROTECTION FOR FIREWORKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 132D-2, Hawaii Revised Statutes, is amended by adding two new definitions to read as follows:
""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.
"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."
SECTION 2. Section 132D-8, Hawaii Revised Statutes, is amended to read as follows:
"§132D-8 Application for license. (a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The application for a license to import display fireworks, articles pyrotechnic, or aerial devices shall include written documentation of the proposed display event and related contact information in a form prescribed by the applicable county. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years.
(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage, sale, or offers for sale are to begin, the address of the location of the licensee, and the name of the proprietor, or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the name of its officers. Any license issued pursuant to this chapter may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in such a manner as to present an unreasonable safety hazard.
(c) Permanent and temporary fireworks storage buildings or structures and buildings or facilities where redistribution activities are performed shall comply with the currently adopted county building or fire codes or the latest edition of nationally recognized standards.
[(c)] (d) It shall be unlawful
for any licensee, other than a wholesaler who is selling or transferring fireworks
or articles pyrotechnic 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 132D-10 or 132D-16. The permit shall be signed by the
seller or transferor at the time of sale or transfer of the fireworks or
articles pyrotechnic, and the seller or transferor shall indicate on the permit
the amount and type of fireworks or articles pyrotechnic sold or transferred.
No person shall sell or deliver fireworks to any permittee in any amount in
excess of the amount specified in the permit, less the amount shown on the
permit to have been previously purchased; provided that no fireworks shall be
sold to a permittee holding a permit issued for purposes of section 132D-3,
more than five calendar days before the applicable time period under section
132D-3.
[(d)] (e) Aerial devices,
display fireworks, or articles pyrotechnic shall only be sold or transferred by
a wholesaler to a person with a valid permit under sections 132D-10 and
132D-16. No person with a valid permit under sections 132D-10 and 132D-16
shall sell or transfer aerial devices, display fireworks, or articles
pyrotechnic to any other person.
[(e)] (f) Any license issued
pursuant to this chapter shall be prominently displayed in public view at each
licensed location."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Fireworks Storage
Description:
Requires that permanent and temporary fireworks storage buildings or structures and buildings or facilities where redistribution activities are performed comply with currently adopted county building or fire codes or latest edition of nationally recognized standards. (HB1664 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
