Bill Text: HI HB1767 | 2016 | Regular Session | Introduced

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Bill Title: Fire Council Package; Fireworks; Shippers; Prohibitions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-29 - Re-referred to CPC, JUD, FIN, referral sheet 4 [HB1767 Detail]

Download: Hawaii-2016-HB1767-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1767
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to fireworks.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the transportation of fireworks to, from, and within the State of Hawaii requires the use of various modes of transportation, including interstate trucking or rail, interstate maritime transportation, intrastate maritime transportation, and intrastate trucking.  The legislature also finds that given the diversity of transportation processes and modes, it is in the best interest of the health and safety of the community and the State's first responders that fireworks shipments imported into the State be thoroughly accounted for and reported.  Currently, section 132D-8.6, Hawaii Revised Statutes, sets forth the requirements regarding the shipment of imported fireworks by licensed persons.  However, to ensure a more comprehensive tracking of all shipments of fireworks imported into the State, additional requirements of persons or entities defined as the "shipper" are necessary.  The requirements for shippers were inadvertently omitted when the definition of "shipper" was added to chapter 132D, Hawaii Revised Statutes, by Act 127, Session Laws of Hawaii 2011.

     The purposes of this Act are to:

     (1)  Set forth the responsibilities of those persons or entities defined as "shipper" for purposes of fireworks importation;

     (2)  Clarify that fireworks may be used in movie productions and by those authorized to destroy or test fireworks; and

     (3)  Clarify the dimensions of labels required for display fireworks, articles pyrotechnic, and aerial devices.

     SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-      Requirements of shipper.  Any shipper that receives fireworks that are imported into the State or transported between the counties shall notify the county fire chief of the county to which the shipment is headed, prior to shipment, whether the shipment will be distributed from:

     (1)  Pier to pier;

     (2)  Pier to warehouse or storage facility; or

     (3)  Pier to redistribution."

     SECTION 3.  Section 132D-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§132D-6[]]  Exceptions.  The prohibitions in section 132D-5 do not apply to:

     (1)  The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business; [and]

     (2)  The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports[.];

     (3)  The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic in a film or movie production with a valid permit issued by a county or its authorized designee under section 132D-10; and

     (4)  The testing, disposal, or destruction of illegal or unwanted fireworks by the licensee."

     SECTION 4.  Section 132D-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, shall bear a permanent label listing the licensee's name, address, and contact information to include telephone number or electronic mail address.  The label shall also list the name and business address of the manufacturer.  The label shall be approved by the state fire council and conform to the following standards:

     (1)  Numerals and letters of the printed matter shall be not less than one-eighth of an inch high;

     (2)  Required statements shall be printed in a color that contrasts sharply with the background and shall be printed within a borderline; and

     (3)  The label shall measure at least [nine inches by] nine square inches; provided that if the size of the shell, mine, comet, or multiple tube device is too small to correctly display a label of this size, the label may be reduced to a size no smaller than necessary to properly display the information described in this section."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Fire Council Package; Fireworks; Shippers; Prohibitions

 

Description:

Expands exceptions to the general prohibitions on fireworks.  Imposes requirements upon shippers of fireworks.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.