HRS §132D-1 Title
132D-1. Title
This chapter shall be known and may be cited as the "Fireworks Control Law".
L 1994, c
180, pt of §1
FIREWORKS
HRS div. 1, tit. 10, ch. 132D
in effectHRS §132D-2 Definitions
132D-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]
HRS §132D-3 Permissible uses of consumer fireworks
132D-3. Permissible uses of consumer fireworks
Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode 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);
provided that the purchase of not more than five
thousand individual consumer fireworks commonly known as firecrackers shall be
allowed under each permit.
[L 1994, c 180, pt of §1; am L 2000, c 233, §5; am L
2006, c 183, §4]
HRS §132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices
132D-4. Permissible uses of display fireworks, articles pyrotechnic, and aerial devices
(a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16.
(b) Display fireworks, articles pyrotechnic,
and aerial devices shall be set off, ignited, discharged, or otherwise caused
to explode within the State only from 9:00 a.m. to 9:00 p.m.; provided that the
applicable county fire chief may extend the time period for special events;
provided further that the time restriction established in this subsection shall
not apply to display fireworks, articles pyrotechnic, and aerial devices set
off, ignited, discharged, or otherwise caused to explode within the State
solely as part of a movie or television production.
[L 1994, c 180, pt of §1;
am L 2000, c 233, §6; am L 2006, c 183, §5; am L 2011, c 127, §3]
HRS §132D-5 General prohibitions.
132D-5. General prohibitions.
(a) 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) 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) In any school building, or on any school
grounds and yards without first obtaining authorization from appropriate school
officials;
(F) 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) Within five hundred feet of any hotel.
(b) It shall be unlawful to purchase consumer
fireworks more than five calendar days before the time periods for permissible
use under section 132D-3.
(c) It shall be unlawful to sell 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.
[L 1994, c 180, pt of §1; am L 2006,
c 183, §6; am L 2008, c 38, §2]
HRS §132D-6 Exceptions
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;
(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:
(A) In a movie, television production, or theatrical
production for which valid permits have been issued by a county pursuant
to section 132D-10; and
(B) In a movie or television production for
which valid permits have been issued by the department of business, economic
development, and tourism pursuant to section 201-14, or for which permits have
been approved by the authority having jurisdiction; and
(4) The testing, disposal, or destruction of illegal fireworks by an agency with authority to enforce
this chapter.
[L 1994, c 180, pt of §1; am L 2019, c 186, §2]
HRS §132D-7 License or permit required
132D-7. License or permit required
A person shall not:
(1) Import, store, offer to sell, or sell, at
wholesale or retail, aerial devices, display fireworks, articles pyrotechnic,
or consumer fireworks unless the person has a valid license issued by the
county; or
(2) Possess aerial devices, display fireworks, or
articles pyrotechnic without a valid license to import, store, or sell aerial
devices, display fireworks, or articles pyrotechnic, or a valid display permit
as provided for in this chapter.
[L 1994, c 180, pt of §1; am L 2000, c 233, §7;
am L 2006, c 183, §7]
HRS §132D-8 Application for license
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.
(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.
(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.
(f) Any license issued pursuant to this
chapter shall be prominently displayed in public view at each licensed
location.
[L 1994, c 180, pt of §1; am L 2000, c 233, §8; am L 2006, c 183, §8;
am L 2011, c 127, §4; am L 2014, c 11, §2]
HRS §132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display
132D-8.5. Importation of aerial devices, display fireworks, or articles pyrotechnic for display
Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory.
[L 2000, c 233, §2; am L 2006, c 183, §9]
HRS §132D-8.6 Requirements of licensee
132D-8.6. Requirements of licensee
(a) Any person who has obtained a license under section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:
(1) Clearly designate the types of fireworks or
articles pyrotechnic in each shipment on the bill of lading or shipping
manifest with specificity;
(2) Declare on the bill of lading or shipping
manifest the gross weight of consumer fireworks, display fireworks, articles
pyrotechnic, and aerial devices to be imported in each shipment and the
location of the storage facility, if applicable, in which the fireworks or
articles pyrotechnic are to be stored;
(3) Prior to shipment and when booking each shipment
of fireworks, display fireworks, articles pyrotechnic, or aerial devices notify
the appropriate county official as determined by the county regarding whether
the shipment will be distributed from:
(A) Pier to pier;
(B) Pier to warehouse or storage facility; or
(C) Pier to redistribution;
(4) Prior to booking the shipment, provide to the
applicable county fire chief:
(A) Written
documentation regarding the proposed display event or events and related
contact information to allow the fire chief to validate the importation of a
three-month or six-month inventory under section 132D-8.5; and
(B) An inventory breakdown for each proposed
display; and
(5) At the time shipping is booked, the importer or
consignee shall notify the appropriate county official as determined by the
county in writing of the expected shipment's landing date.
(b) The fire department of a county, in which
a shipment of fireworks or articles pyrotechnic has landed and becomes subject
to the jurisdiction of the fire department, shall be allowed to inspect, if it
chooses, any shipment declared on the shipping manifest as fireworks or
articles pyrotechnic.
(c) The facility in which fireworks or
articles pyrotechnic are to be stored shall:
(1) Have received approval fifteen days prior to the
shipment's arrival from the appropriate county fire department; and
(2) Meet all state and county fire and safety codes.
(d) Any fireworks or articles pyrotechnic
landed in the State shall be subject to seizure and forfeiture if:
(1) The importer or consignee does not have in the
importer's or consignee's possession a valid license to import fireworks or
articles pyrotechnic under section 132D-7;
(2) The consignee does not have a valid license to
store fireworks or articles pyrotechnic under section 132D-7; or
(3) The fireworks or articles pyrotechnic have not
been declared or have been misdeclared in violation of subsection (a).
(e) No person holding a retailer license to
sell consumer fireworks shall be allowed to sell consumer fireworks commonly
known as firecrackers in a packet size larger than five thousand individual units.
Any person violating this subsection shall be guilty of a misdemeanor.
(f) Any person violating subsection (a), (c),
or (d) shall be subject to the following for shipments of fireworks or articles
pyrotechnic of:
(1) Twenty-five pounds or less gross weight shall be
a petty misdemeanor;
(2) Over twenty-five pounds to three hundred pounds
gross weight shall be a misdemeanor;
(3) Over three hundred pounds to ten thousand pounds
gross weight shall be a class C felony; and
(4) More than ten thousand pounds gross weight shall
be a class B felony.
[L 2000, c 233, §3; am L 2006, c 183, §10; am L 2011, c
127, §5]
HRS §132D-9 Application for permit
132D-9. Application for permit
The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, 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 permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.
[L 1994, c 180, pt of §1; am L 2000, c 233, §9; am L 2006, c 54, §2 and c 183, §11]
HRS §132D-10 Permits
132D-10. Permits
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 $25;
(2) Any aerial devices, display fireworks, or
articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee
of $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.
[L
1994, c 180, pt of §1; am L 2000, c 233, §10; am L 2006, c 183, §12; am L 2008,
c 38, §3]
HRS §132D-11 Fee
132D-11. Fee
(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this chapter. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year.
(b) The fee for the license required under
section 132D-7 shall be the fee specified in subsection (a) for each year,
fraction of a year, or event in which the licensee plans to conduct business
and shall be payable to the county in which the permitted activity is to occur.
[L 1994, c 180, pt of §1; am L 2000, c 233, §11; am L 2006, c 183, §13]
HRS §132D-12 Sale to minors; sale by minors; prohibited.
132D-12. Sale to minors; sale by minors;
prohibited.
It shall be unlawful for any person to offer for sale, sell,
or give any fireworks or articles pyrotechnic to minors, and for any minor to
possess, purchase, sell, or set off, ignite, or otherwise cause to explode any
fireworks or articles pyrotechnic, except as provided in section 132D-13.
[L
1994, c 180, pt of §1; am L 2006, c 183, §14; am L 2008, c 38, §4]
HRS §132D-13 Liability of parents or guardians
132D-13. Liability of parents or guardians
The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder, except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult.
[L 1994, c 180, pt of §1; am L 2006, c 183, §15]
HRS §132D-14 Penalty
132D-14. Penalty
(a) Any person:
(1) Importing aerial devices, display fireworks, or
articles pyrotechnic without having a valid license under section 132D-7 shall
be guilty of a class C felony;
(2) Purchasing, possessing, setting off, igniting, or
discharging aerial devices, display fireworks, or articles pyrotechnic without
a valid permit under sections 132D-10 and 132D-16, or storing, selling, or
possessing aerial devices, display fireworks, or articles pyrotechnic without a
valid license under section 132D-7, or allowing an individual to possess, set
off, ignite, or otherwise cause to explode any aerial device in violation of
section 132D-14.5:
(A) If the total weight of the aerial
devices, display fireworks, or articles pyrotechnic is twenty-five pounds or
more, shall be guilty of a class C felony; or
(B) If the total weight of the aerial
devices, display fireworks, or articles pyrotechnic is less than twenty-five
pounds, shall be guilty of a misdemeanor;
(3) Who transfers or sells aerial devices, display
fireworks, or articles pyrotechnic to a person who does not have a valid permit
under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and
(4) Who removes or extracts the pyrotechnic contents
from any fireworks or articles pyrotechnic and uses the contents to construct
fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related
device shall be guilty of a misdemeanor.
(b) Except as provided in subsection (a) or as
otherwise specifically provided for in this chapter, any person violating any
other provision of this chapter, shall be fined no more than $5,000 for each
violation. Notwithstanding any provision to the contrary in this section, any
person violating section 132D-14.5 shall be fined at least $500 and no more
than $5,000.
(c) The court shall collect the fines imposed
in subsections (a) and (b) for violating this chapter and, of the fines
collected, shall pay twenty per cent to the State and eighty per cent to the
county in which the fine was imposed which shall be expended by the county for
law enforcement purposes.
(d) Notwithstanding any penalty set forth
herein, violations of subsection (a)(1) or (3) may be subject to nuisance
abatement proceedings provided in part V of chapter 712.
[L 1994, c 180, pt of
§1; am L 2000, c 233, §12; am L 2006, c 183, §16; am L 2010, c 136, §3; am L
2019, c 248, §2; am L 2022, c 104, §2]
HRS §132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property
132D-14.5. Liability of homeowner, renter, or person otherwise responsible for real property
A homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in violation of this chapter and shall be subject to the penalties specified in section 132D-14(a)(2) and (b).
[L 2019, c 248, §1]
HRS §132D-15 Notice requirements
132D-15. Notice requirements
Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, and 132D-14.
L 1994, c 180, pt of
§1
HRS §132D-16 Permit for display
132D-16. Permit for display
(a) Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic for a display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display.
(b) The application shall state, among other
things:
(1) The name, age, and address of the applicant;
(2) The name, age, and address of the person who will
operate the display, and verification that the person is a licensed pyrotechnic
operator;
(3) The time, date, and place of the display;
(4) The type and quantity of aerial devices, display
fireworks, or articles pyrotechnic to be displayed; and
(5) The purpose or occasion for which the display is
to be presented.
(c) No permit shall be issued under this
section unless the applicant presents, at the applicant's option, either:
(1) A written certificate of an insurance carrier,
which has been issued to or for the benefit of the applicant, or a policy
providing for the payment of damages in the amount of not less than $5,000 for
injury to, or death of, any one person, and subject to the foregoing limitation
for one person; in the amount of not less than $10,000 for injury to, or death
of, two or more persons; and in the amount of not less than $5,000 for damage
to property, caused by reason of the authorized display and arising from any
tortious acts or negligence of the permittee, the permittee's agents,
employees, or subcontractors. The certificate shall state that the policy is
in full force and effect and will continue to be in full force and effect for
not less than ten days after the date of the display; or
(2) The bond of a surety company duly authorized to
transact business within the State, or a bond with not less than two individual
sureties who together have assets in the State equal in value to not less than
twice the amount of the bond, or a deposit of cash, in the amount of not less
than $10,000 conditioned upon the payment of all damages that may be caused to
any person or property by reason of the authorized display and arising from any
tortious acts or negligence of the permittee, the permittee's agents,
employees, or subcontractors. The security shall continue to be in full force
and effect for not less than ten days after the date of the display.
The county may require coverage in amounts
greater than the minimum amounts set forth in paragraph (1) or (2) if deemed
necessary or desirable in consideration of such factors as the location and
scale of the display, the type of aerial devices, display fireworks, or
articles pyrotechnic to be used, and the number of spectators expected.
(d) The county, pursuant to duly adopted
rules, shall issue the permit after being satisfied that the requirements of
subsection (c) have been met, the display will be handled by a pyrotechnic
operator duly licensed by the State, the display will not be hazardous to
property, and the display will not endanger human life. The permit shall
authorize the holder to display aerial devices, display fireworks, or articles
pyrotechnic only at the place and during the time set forth therein, and to
acquire and possess the specified aerial devices, display fireworks, or
articles pyrotechnic between the date of the issuance of the permit and the
time during which the display of those aerial devices, display fireworks, or
articles pyrotechnic is authorized.
[L 1994, c 180, pt of §1; am L 2000, c 233,
§13; am L 2006, c 183, §17; am L 2007, c 9, §5]
HRS §132D-16.5 §132D‑16.5 Labeling of display fireworks.
132D-16.5. §132D‑16.5 Labeling of display fireworks.
(a) This section shall apply to any display fireworks, articles pyrotechnic,
or aerial devices used for a display.
(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;
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.
[L 2011, c 127, pt of §1; am L 2019, c 185, §2]
HRS §132D-16.6 [§132D‑16.6] Display site inspection.
132D-16.6. [§132D‑16.6] Display
site inspection.
Each county fire chief is authorized to conduct
inspections of the persons conducting a display, including the site where the
display is occurring or will occur within the fire chief's county to determine
compliance with the applicable county code and the current editions of the
National Fire Protection Association's "NFPA 1123: Code for Fireworks
Display" and "NFPA 1126: Standard for the Use of Pyrotechnics Before
a Proximate Audience". An inspection fee of $200 shall be assessed by the
county upon the holder of a permit for a display under section 132D-10(2),
which shall be separate from the display permit fee under that section. The
inspection fee shall be paid to the county in which the display will occur, and
shall be used to defray the cost of the official conducting the inspection of
the display setup.
[L 2011, c 127, pt of §1]
HRS §132D-16.7 [§132D‑16.7] Display stop order.
132D-16.7. [§132D‑16.7] Display stop
order.
A county fire chief is authorized to immediately revoke or suspend
any permit issued under section 132D-16 for display of display fireworks,
articles pyrotechnic, or aerial devices within the fire chief's county for the following
reasons:
(1) Adverse climatic or atmospheric conditions;
(2) The issuance of red flag warnings; or
(3) Any other conditions determined to make the
display potentially hazardous to persons or property.
[L 2011, c 127, pt of §1]
HRS §132D-17.5 County ordinances
132D-17.5. County ordinances
(a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of fireworks as the law under this chapter.
(b) Nothing in this chapter shall prohibit a
county from enacting ordinances that are more stringent in the control or
prohibition of fireworks than this chapter.
[L 2010, c 170, §1]
HRS §132D-18 Effect on other laws
132D-18. Effect on other laws
Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396.
L
1994, c 180, pt of §1
HRS §132D-20 Enforcement; probable cause for arrest
132D-20. Enforcement; probable cause for arrest
(a) This chapter shall be enforced by each county. The counties are authorized to enforce and administer the provisions of this chapter.
(b) Arrests for offenses under this chapter or
under a county fireworks ordinance shall be made in compliance with chapter
803. The facts and circumstances to establish probable cause for an arrest may
include but are not limited to:
(1) Statements from individuals who witnessed the
offense, even if those individuals are not law enforcement officers; and
(2) Photographs, video recordings, or other
recordings that show the commission of the offense and can be authenticated by
one or more witnesses; provided that a recording made using an unmanned aerial
vehicle shall be exempt from the requirement of authentication by one or more
witnesses.
For the purposes of this subsection:
"Other recording" includes any
photograph or a video made using an unmanned aerial vehicle.
"Unmanned aerial
vehicle" means any aerial vehicle that is operated without the
possibility of direct human intervention within or on the aerial vehicle. The
term "unmanned aerial vehicle" does not include a remote-controlled
airplane.
[L 1994, c 180, pt of §1; am L 2000, c 233, §15; am L 2019, c 248, §3]
HRS §132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents
132D-21. Health care facilities; report of fireworks and articles pyrotechnic incidents
Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal fireworks or articles pyrotechnic to the department of health and the police department of the county in which the person was attended or treated. All reports shall be in writing or in the manner specified by the department of health.
As used in this section, "health care
facilities" includes any outpatient clinic, emergency room, or physician's
office, private or public, whether organized for profit or not, used, operated,
or designed to provide medical diagnosis, treatment, nursing, rehabilitative,
or preventive care to any person or persons. The term includes but is not
limited to health care facilities that are commonly referred to as hospitals,
extended care and rehabilitation centers, nursing homes, skilled nursing
facilities, intermediate care facilities, hospices for the terminally ill that
require licensure or certification by the department of health, kidney disease
treatment centers, including freestanding hemodialysis units, outpatient
clinics, organized ambulatory health care facilities, emergency care facilities
and centers, home health agencies, health maintenance organizations, and others
providing similarly organized services regardless of nomenclature.
[L 2000, c
117, §1; am L 2006, c 183, §19]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0132D/HRS_0132D-.htmFetched: 11/10/2026