Definitions
HRS §132D-2
in effect132D-2. Definitions
As used in this chapter unless the context requires otherwise:
"Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off
rises more than twelve feet into the air and then
combusts, explodes, deflagrates, or detonates in the air, shoots or
emits flaming balls, or shoots or emits sparks.
Alternatively, "aerial device" may include but is not limited to any
device classified as fireworks under UN0336 and UN0337 by the United
States Department of Transportation as set forth in title 49 Code of Federal
Regulations that contains one hundred thirty
milligrams or less of explosive materials, including firework items commonly known as bottle rockets, sky
rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman
candles, flying pigs, and jumping jacks that move about the ground farther than
a circle with a radius of twelve feet as measured from the point where the item
was placed and ignited, aerial shells, and mines.
"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.
"Carrier" means any shipper or anyone
who transports goods, merchandise, property, or people by rail car, aircraft,
motor vehicle, or vessel.
"Consumer fireworks" means any
fireworks that upon ignition, discharge, or otherwise
being set off, produce visible or audible effects and that remain on or near the ground and, while stationary
or spinning rapidly on or near the ground, emit smoke, a shower of colored
sparks, whistling effects, flitter sparks, or balls of colored sparks, and
includes combination items that produce one or more of these effects.
Alternatively, "consumer fireworks" may include but is not limited to
any firework that complies 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"
may include but need not be limited to 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, snakes, sparklers, fountains,
and cylindrical or cone fountains that emit effects up to a height no 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.
"Director" means the director of law
enforcement.
"Display" means the use of aerial
devices, display fireworks, or articles pyrotechnic for any activity, including
such activities as movie or television production.
"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 that exceed the limits of explosive materials for classification as
"consumer fireworks". "Display fireworks" also includes
fused set pieces containing components that together exceed fifty milligrams of
salute powder. The use of display fireworks shall be prohibited for use by any
person who does not have a display permit issued by a county.
"Distribute" or
"distribution" means to sell, transfer, deliver to another, give or
deliver to another, or to leave, barter, or exchange with another, or to offer
or agree to do the same.
"Dwelling" means a building that is
used or usually used by a person for lodging.
"Fireworks" means any combustible or
explosive composition, or any substance or combination of substances, that
produces a visible or audible effect by combustion, explosion, deflagration, or
detonation, including but not limited to aerial
devices, consumer fireworks, or display fireworks as defined by this section.
"Fireworks" also includes but is not limited to aerial devices,
consumer fireworks, or display fireworks, as defined in the regulations
of the United States Department of Transportation as set forth in title 49 Code
of Federal Regulations. "Fireworks" does not include any explosives
or pyrotechnics regulated under chapter 396 or automotive safety flares, nor
shall "fireworks" be construed to include toy pistols, toy cannons,
toy guns, party poppers, pop-its, or similar devices.
"Import" (and any nounal, verbal,
adjectival, adverbial, and other equivalent form of the term used
interchangeably in this chapter) means to bring or attempt to bring into the
State or to cause to be brought into the State any
aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks,
as defined in this section or as defined by the United States Department of
Transportation as set forth in title 49 Code of Federal Regulations, and
includes any aerial devices, articles pyrotechnic,
consumer fireworks, or display fireworks labeled or designated as
samples, even if not intended for retail sale.
"License" means a nontransferable,
formal authorization, valid for a period not to exceed one calendar year from
the date of issuance and which the department is hereby authorized to issue
under this chapter, to engage in the act or acts specifically designated
herein.
"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.
"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.
"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.
"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 is hereby authorized to issue under
this chapter, to engage in the act or acts specifically designated herein.
"Pyrotechnic
composition" or "pyrotechnic contents" means the combustible or
explosive component of aerial devices, articles pyrotechnic, consumer
fireworks, and display fireworks.
"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.
"Serious bodily
injury" means bodily injury that creates a substantial risk of death or
which causes serious, permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
"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.
"Substantial
bodily injury" means bodily injury that causes a:
(1) Major avulsion, laceration, or penetration of the
skin;
(2) Burn of at least second degree severity;
(3) Bone fracture;
(4) Serious concussion; or
(5) Tearing, rupture, or corrosive damage to the
esophagus, viscera, or other internal organs.
"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.
[L 1994,
c 180, pt of §1; am L 2000, c 233, §§4, 16; am L 2006, c 183, §§2, 3, 20; am L
2008, c 38, §1; am L 2010, c 136, §2; am L 2011, c 127, §2; am L 2014, c 11, §1;
am L 2024, c 208, §3; am L 2025, c 243, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0132D/HRS_0132D-0002.htmFetched: 11/10/2026