Bill Text: HI SB455 | 2015 | Regular Session | Introduced
Bill Title: State Fire Council Package; Fireworks; Shipping; Regulation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-26 - Referred to PSM/TRA, CPN. [SB455 Detail]
Download: Hawaii-2015-SB455-Introduced.html
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THE SENATE |
S.B. NO. |
455 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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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 requires the utilization of multiple modes and methods of transport that include, but are not limited to, interstate trucking or rail, interstate maritime transportation, intrastate maritime transportation, and intrastate trucking. Given the diversity of transportation modes and methods, it is essential to, and in the best interest of, the health and safety of the community and the State’s first responders that the importation of fireworks shipments be thoroughly accounted for and reported.
The legislature acknowledges that the Hawaii Revised Statutes provide licensing requirements for persons shipping fireworks into the State. However, to ensure more comprehensive tracking of all shipments of fireworks imported into the State, additional requirements are necessary regarding those persons or entities defined as a "shipper." The requirements for a shipper were inadvertently omitted when that definition was added during a previous legislative session. The legislature further finds that shipments of fireworks imported into the State may consist of multiple orders or lots that may require "redistribution" and that such activities are not clearly defined or recognized in the applicable statute.
Accordingly, the purpose of this Act to is to define the activity of redistribution and add a new section to delineate the responsibilities of those persons or entities defined as "shipper." This Act also allows fireworks to be used in movie productions and by persons authorized to destroy or test fireworks, and amends the labeling dimensions of 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. (a) Any shipper that receives fireworks that are imported into the State or between counties shall notify the fire chief of any destination county, prior to shipment, as to 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-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Redistribution" means the performance or conducting of activities related to the unpacking, segregating, and repacking of a consolidated shipment of fireworks or articles pyrotechnic for the purpose of transporting or delivering to one or more licensee storage, wholesale, or retail sites. Redistribution activities are acknowledged as being of a temporary nature and short duration."
SECTION 4. 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 fire department under section 132D-10; and
(4) The testing, disposal, or destruction of illegal or unwanted fireworks by the authority having jurisdiction."
SECTION 5. 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 square
inches [by nine 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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By Request |
Report Title:
State Fire Council Package; Fireworks; Shipping; Regulation
Description:
Establishes requirements for fireworks shippers. Defines the activity of redistribution. Adds fireworks import licensure exceptions. Amends labeling requirements.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
