SB 302: RELATING TO FIREWORKS.

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 use of consumer fireworks causes fires and burn injuries, mostly to children.  Widespread use of fireworks is an ignition source for fires in Hawaii.  Fireworks produce excessive smoke that makes breathing difficult.  Noise from loud fireworks traumatizes many residents, including war veterans and pets.  With the increase in fireworks-related calls, public safety agencies are strained to maintain adequate response levels for other critical emergencies.  The legislature further finds that people in the State and its communities deserve to live in peace and security without the public safety risk and disruptive impact of consumer fireworks.

     The purpose of this Act is to limit the use of consumer fireworks by:

     (1)  Authorizing the sale and use of consumer fireworks only for cultural purposes; and

     (2)  Discontinuing the authorization of the use of consumer fireworks on New Year's Eve, the Fourth of July, and Chinese New Year's Day.

     This Act is not intended to prohibit licensed professionals' use of display fireworks, articles pyrotechnic, and aerial devices.

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definitions of "consumer fireworks" and "cultural" to read as follows:

     ""Consumer fireworks" [means]:

     (1)  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 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]; and

     (2)  Include firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one‑quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, 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.

     "Cultural" means relating to the arts, customs, traditions, mores, and history of [all of] the various ethnic groups of Hawaii."

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

     "§132D-3  [Permissible uses] Use of consumer fireworks[.]; prohibition; except for cultural use.  [Consumer fireworks may be] It shall be unlawful for any person to set off, [ignited, discharged,] ignite, discharge or otherwise [caused] cause to explode any consumer fireworks within the State [only:

     (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

     (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);]

, except for cultural use from 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10; provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit."

     SECTION 4.  Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-5  General prohibitions.  (a)  [It] In addition to the prohibition under section 132D-3, it shall be unlawful for any person [without a permit issued under section 132D-10 by a county fire department] to:

     (1)  Remove or extract the pyrotechnic contents from any fireworks;

     (2)  Throw any ignited fireworks:

          (A)  From, at, or into a vehicle;

          (B)  At a person or an animal; and

          (C)  From above the first floor of any building; or

     (3)  Set off, ignite, discharge, or otherwise cause to explode any fireworks:

          (A)  Above the first floor of any building;

          (B)  In any vehicle;

         [(C)  At any time not within the periods for use prescribed in section 132D-3;

         (D)]  (C)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

        [(E)]  (D)  In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

        [(F)]  (E)  On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

        [(G)]  (F)  Within five hundred feet of any hotel.

     (b)  [It] Except for cultural use by permit pursuant to section 132D-10, it shall be unlawful to purchase or possess consumer fireworks [more than five calendar days before the time periods for permissible use under section 132D-3.] within the State.

     (c)  [It] Except for cultural use by permit pursuant to section 132D-10, it shall be unlawful to offer, display for sale, sell, or furnish consumer fireworks [after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July.] to any person within the State."

     SECTION 5.  Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

    "(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.] cultural use."

     SECTION 6.  Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-10  Permits[.] for purchase and use of fireworks.  A permit shall be required for the purchase and use of:

     (1)  Any consumer fireworks [commonly known as firecrackers upon payment of a fee of] for cultural use, the fee for which shall be $25[;] per permit with a cap of not more than five permits per person; and

     (2)  Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 [upon payment of a fee of], the fee for which shall be $110[; and

     (3)  Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25.] per permit."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2025.

Report Title:

State Fire Council Package; Fireworks

Description:

Amends the definition of "cultural".  Prohibits the use of consumer fireworks except for cultural use by permit.  Repeals the wording of section 132D-3(1), HRS, that generally allows the use of consumer fireworks without a permit on New Year's Eve, New Year's Day, and the Fourth of July.  Makes it unlawful to offer, display for sale, sell, or furnish consumer fireworks to any person except for cultural use by permit, with a cap of not more than five permits per person.  Prohibits the sale of fireworks to a person more than 5 calendar days before a permitted cultural use.  Imposes a fee of $25 per permit for the purchase and cultural use of consumer fireworks.  Imposes a statewide limitation on consumer fireworks, except by permit for cultural use.  Effective 7/1/2025.  (SD1)

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

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 use of consumer fireworks causes fires and burn injuries, mostly to children.  Widespread use of fireworks is an ignition source for fires in Hawaii.  Fireworks produce excessive smoke that makes breathing difficult.  Noise from loud fireworks traumatizes many residents, including war veterans and pets.  With the increase in fireworks-related calls, public safety agencies are strained to maintain adequate response levels for other critical emergencies.  The legislature further finds that people in the State and its communities deserve to live in peace and security without the public safety risk and disruptive impact of consumer fireworks.

     The purpose of this Act is to limit the use of consumer fireworks by:

     (1)  Authorizing the sale and use of consumer fireworks only for cultural purposes; and

     (2)  Discontinuing the authorization of the use of consumer fireworks on New Year's Eve, the Fourth of July, and Chinese New Year's Day.

     This Act is not intended to prohibit licensed professionals' use of display fireworks, articles pyrotechnic, and aerial devices.

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definitions of "consumer fireworks" and "cultural" to read as follows:

     ""Consumer fireworks" [means]:

     (1)  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 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]; and

     (2)  Include firework items commonly known as firecrackers that are single paper cylinders not exceeding one and one-half inches in length excluding the fuse and one‑quarter of an inch in diameter and contain a charge of not more than fifty milligrams of pyrotechnic composition, 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.

     "Cultural" means relating to the arts, customs, traditions, mores, and history of [all of] the various ethnic groups of Hawaii."

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

     "§132D-3  [Permissible uses] Use of consumer fireworks[.]; prohibition; except for cultural use.  [Consumer fireworks may be] It shall be unlawful for any person to set off, [ignited, discharged,] ignite, discharge or otherwise [caused] cause to explode any consumer fireworks within the State [only:

     (1)  From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

     (2)  From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);]

, except for cultural use from 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10; provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit."

     SECTION 4.  Section 132D-5, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-5  General prohibitions.  (a)  [It] In addition to the prohibition under section 132D-3, it shall be unlawful for any person [without a permit issued under section 132D-10 by a county fire department] to:

     (1)  Remove or extract the pyrotechnic contents from any fireworks;

     (2)  Throw any ignited fireworks:

          (A)  From, at, or into a vehicle;

          (B)  At a person or an animal; and

          (C)  From above the first floor of any building; or

     (3)  Set off, ignite, discharge, or otherwise cause to explode any fireworks:

          (A)  Above the first floor of any building;

          (B)  In any vehicle;

         [(C)  At any time not within the periods for use prescribed in section 132D-3;

         (D)]  (C)  Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

        [(E)]  (D)  In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;

        [(F)]  (E)  On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and

        [(G)]  (F)  Within five hundred feet of any hotel.

     (b)  [It] Except for cultural use by permit pursuant to section 132D-10, it shall be unlawful to purchase or possess consumer fireworks [more than five calendar days before the time periods for permissible use under section 132D-3.] within the State.

     (c)  [It] Except for cultural use by permit pursuant to section 132D-10, it shall be unlawful to offer, display for sale, sell, or furnish consumer fireworks [after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July.] to any person within the State."

     SECTION 5.  Section 132D-8, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

    "(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.] cultural use."

     SECTION 6.  Section 132D-10, Hawaii Revised Statutes, is amended to read as follows:

     "§132D-10  Permits[.] for purchase and use of fireworks.  A permit shall be required for the purchase and use of:

     (1)  Any consumer fireworks [commonly known as firecrackers upon payment of a fee of] for cultural use, the fee for which shall be $25[;] per permit; and

     (2)  Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 [upon payment of a fee of], the fee for which shall be $110[; and

     (3)  Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25.] per permit."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

Report Title:

State Fire Council Package; Fireworks

Description:

Amends the definition of "cultural".  Prohibits the use of consumer fireworks except for cultural use by permit.  Repeals the wording of section 132D-3(1), HRS, that generally allows the use of consumer fireworks without a permit on New Year's Eve, New Year's Day, and the Fourth of July.  Makes it unlawful to offer, display for sale, sell, or furnish consumer fireworks to any person except for cultural use by permit.  Prohibits the sale of fireworks to a person more than 5 calendar days before a permitted cultural use.  Imposes a fee of $25 per permit for the purchase and cultural use of consumer fireworks.  Imposes a statewide limitation on consumer fireworks, except by permit for cultural use.

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

STAND. COM. REP. NO. 278

Honolulu, Hawaii

RE:    S.B. No. 302

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts, to which was referred S.B. No. 302 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Amend the definition of "cultural";

     (2)  Prohibit the use of consumer fireworks except for cultural use by permit;

     (3)  Repeal language in section 132D-3(1), Hawaii Revised Statutes, that generally allows the use of consumer fireworks without a permit on New Year's Eve, New Year's Day, and the Fourth of July;

     (4)  Make it unlawful to offer, display for sale, sell, or furnish consumer fireworks to any person except for cultural use by permit;

     (5)  Prohibit the sale of fireworks to a person more than five calendar days before a permitted cultural use;

     (6)  Impose a fee of twenty-five dollars per permit for the purchase and cultural use of consumer fireworks; and

     (7)  Impose a statewide limitation on consumer fireworks, except by permit for cultural use.

     Your Committees received testimony in support of this measure from the Hawaii State Fire Council, Animal Interfaith Alliance in Britain, Hawaiian Humane Society, and fourteen individuals.

     Your Committees received testimony in opposition to this measure from the Office of the Public Defender, Libertarian Party of Hawaii, Phantom Fireworks, Retail Merchants of Hawaii, TNT Fireworks, and three individuals.

     Your Committees received comments on this measure from one individual.

     Your Committees find that each New Year's Eve, first responder agencies throughout the State experience high operational tempo from fireworks misuse, with incident call volume occasionally exceeding available resources.  The Honolulu Fire Department responded to thirty probable fireworks-related fire calls over a twenty-four-hour period starting on New Year's Eve at 8:00 a.m.  This was a thirty per cent increase in firework-related fires compared to the previous year.  The thirty fireworks-related fires included two structure fires, one dumpster fire, thirteen rubbish fires, three wildland fires, one vehicle fire, and ten unclassified fires. 

     Your Committees find that that fireworks are known ignition sources for building fires and wildfires in the State.  This measure will address that through its various restrictions on the use and sale of fireworks, thereby protecting the public, property, and the environment. 

     Your Committees note testimony at the public hearing on this measure that one individual bought one thousand permits which would have allowed the individual to purchase approximately five million firecrackers.

     Accordingly, your Committees have amended this measure by:

     (1)  Clarifying that permits for fireworks for cultural use are limited to no more than five permits per person; and

     (2)  Changing the effective date to July 1, 2025.

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 302, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 302, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Transportation and Culture and the Arts,