RELATING TO FIREWORKS.

HB633

HOUSE OF REPRESENTATIVES

H.B. NO.

633

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO FIREWORKS
.

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

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SECTION
1.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"
Chapter

FIREWORKS; PROHIBITED

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-1
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Title.
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This chapter shall be known and may be cited as the "Fireworks Prohibition
Law".

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-2
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Definitions.
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As used in this chapter unless the context requires otherwise:

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"Aerial device" means any
fireworks containing one hundred thirty milligrams or less of explosive
materials that produces an audible or visible effect and is designed to rise
into the air and explode or detonate in the air or to fly about above the
ground.
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"Aerial devices"
classified as fireworks include firework
items
commonly known as bottle rockets, sky rockets, missile-type rockets,
helicopters, torpedoes, daygo bombs, Roman candles, flying pigs, or jumping
jacks and that move about the ground farther than a circle having a radius of
twelve feet as measured from the point where the item was placed and ignited.

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"Articles
pyrotechnic" means pyrotechnic devices for professional use similar to
consumer fireworks in chemical composition and construction but not intended
for consumer use and that meet the weight limits for consumer fireworks but are
not labeled as such.

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"Consumer fireworks" means any
fireworks designed for general public use that produce visible or audible
effects by combustion, and that are designed to
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.
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"Consumer fireworks" 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 that contain a charge of
not more than fifty milligrams of pyrotechnic composition; items commonly known
as snakes, sparklers, or fountains; cylindrical or cone fountains that emit
effects up to a height not greater than twelve feet above the ground;
illuminating torches; bamboo cannons; whistles, wheels, and ground spinners
that when ignited remain within a circle having a radius of twelve feet as
measured from the point where the item was placed and ignited; and other
fireworks of like construction that are designed to produce the same or similar
effects.

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"Display" means the use of aerial
devices, display fireworks, or articles pyrotechnic for any activity.

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"Display fireworks" means any
fireworks designed primarily for exhibition display by producing visible or
audible effects and classified as display fireworks by federal law, 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 which exceed the
limits of explosive materials for classification as "consumer
fireworks".
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This term also includes
fused setpieces containing components that together exceed fifty milligrams of
salute power.

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"Fireworks" means any combustible
or explosive composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or audible effect by
combustion, explosion, deflagration, or detonation and that meets the
definition of aerial device or consumer or display fireworks as defined by this
section and contained in applicable federal regulations.
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The term "fireworks" does not
include any explosives or pyrotechnics regulated under chapter 396,
automotive safety flares, toy cannons, toy guns, party poppers, pop-its, or
other devices that contain twenty‑five hundredths of a grain or less of
explosive substance.

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"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 fireworks
into the State or to cause fireworks to be brought into the State, and includes
fireworks labeled or designated as samples, even if not intended for retail
sale.

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"Pyrotechnic composition" or
"pyrotechnic contents" means the combustible or explosive component
of fireworks.

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-3
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General prohibitions.
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(a)
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It shall be unlawful for any
person to:

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(1)
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Remove
or extract the pyrotechnic contents from;

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(2)
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Throw;

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(3)
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Set
off, ignite, discharge, or otherwise cause to explode;

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(4)
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Import;
offer to sell; sell, at wholesale or retail; purchase; or

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(5)
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Possess;

any fireworks,
articles pyrotechnic, or aerial devices.

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Exceptions.
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(a)
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The
prohibitions in section
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-3 do not
apply to:

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(1)
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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;

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

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(3)
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The testing, disposal, or destruction of illegal
fireworks,
articles pyrotechnic, or aerial devices
by an
agency
having authority to
enforce this
chapter.

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(b)
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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.

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Liability of parents or guardians.
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A parent, guardian, and other person having the custody or control of
any minor, who knowingly permits the minor to possess, purchase, or set off,
ignite, discharge or otherwise cause to explode any firework or article
pyrotechnic, shall be deemed to be in violation of this chapter and shall be
subject to the penalties thereunder.

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-6
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Penalty.
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(a)
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Any person:

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(1)
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Importing
aerial devices, display fireworks, or articles pyrotechnic shall be guilty of a
class C felony;

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(2)
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Purchasing,
possessing, setting off, igniting, or discharging aerial devices, display
fireworks, or articles pyrotechnic; or storing, selling, or possessing aerial
devices, display fireworks, or articles pyrotechnic; or allowing an individual
to possess, set off, ignite, discharge, or otherwise cause to explode any
aerial device in violation of section
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-7:

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(A)
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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

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(B)
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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;

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(3)
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Who
transfers or sells aerial devices, display fireworks, or articles pyrotechnic
to any person shall be guilty of a class C felony; and

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(4)
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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.

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(b)
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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.
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Notwithstanding any provision to the contrary
in this section, any person violating section
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-7 shall be fined at least $500 and no more than $5,000.

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(c)
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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.

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(d)
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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.

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(e)
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For the purposes of this section:

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(1)
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Each type of
prohibited firework imported, purchased, sold, possessed, set off, ignited, or
discharged shall constitute a separate violation for each unopened package; and

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(2)
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Each separate
firework imported, purchased, sold, possessed, set off, ignited, or discharged
shall be a separate violation if the package is opened or the firework is not
in a package.

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(f)
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For the purposes of this section, "package":

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(1)
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Means any aerial
device, display firework, or article pyrotechnic:

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(A)
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Enclosed in a
container or wrapped in any manner in advance of wholesale or retail sale; and

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(B)
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Having a weight or
measure determined in advance of wholesale or retail sale; and

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(2)
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Does not mean:

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(A)
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Inner wrappings
not intended to be individually sold to the customer;

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(B)
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Shipping
containers or wrapping used solely for the transportation of any commodities in
bulk or in quantity;

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(C)
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Auxiliary
containers or outer wrappings used to deliver commodities if the containers or
wrappings bear no printed matter pertaining to any particular aerial device,
display firework, or article pyrotechnic;

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(D)
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Containers used
for retail tray pack displays when the container itself is not intended to be
sold; or

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(E)
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Open carriers and
transparent wrappers or carriers for containers when the wrappers or carriers
do not bear printed matter pertaining to any particular aerial devices, display
fireworks, or articles pyrotechnic.

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Liability of homeowner, renter, or person
otherwise responsible for real property.
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A
homeowner, renter, or person otherwise
responsible for real property

who intentionally, knowingly, or recklessly allows
an individual
, while on that 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
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-6(a)(2) and (b).

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Enforcement;
probable cause for arrest.
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(a)
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This chapter shall be
enforced by the department of law enforcement or each county.

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(b)
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Arrests for offenses under this chapter or
under a county fireworks ordinance shall be made in compliance with chapter
803.
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The facts and circumstances to
establish probable cause for an arrest may include but are not limited to:

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(1)
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Statements from individuals who witnessed the
offense, even if those individuals are not law enforcement officers; and

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(2)
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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.

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For the
purposes of this subsection:

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"Other
recording" includes any photograph or a video made using an unmanned
aerial vehicle.

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"Unmanned

aerial vehicle
" means any aerial vehicle that is
operated without the possibility of direct human intervention within or on the
aerial vehicle.
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The term "unmanned
aerial vehicle" does not include a remote-controlled airplane.

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Health care facilities; report of
fireworks and articles pyrotechnic incidents.
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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 insured or
deceased person was attended or treated.
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All reports shall be in writing or in a manner specified by the
department of health.

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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.
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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.

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Disposal
of confiscated fireworks or articles pyrotechnic.
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Any law enforcement agency or county fire
department that confiscates prohibited fireworks or articles pyrotechnic
pursuant to this chapter may safely destroy or dispose of the confiscated
fireworks or articles pyrotechnic; provided that the law enforcement agency or
county fire department shall retain a sample or specimen of each type of
confiscated firework or article pyrotechnic for evidentiary purposes.

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Storage
and disposal fine.
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(a)
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In any administrative, civil, or criminal
action to enforce this chapter, after providing notice and an opportunity for
hearing, the agency or a court hearing the action shall hold any party
violating this chapter liable for the total amount of any costs incurred by the
agency or agencies for the storage and disposal of confiscated or seized
fireworks or articles pyrotechnic.

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(b)
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An administrative or civil order to pay a storage and disposal fine may
be collected in the same manner as a judgment in a civil action.
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An agency or agencies may collect the full amount of the storage
and disposal fine together with any costs, interest, and attorney's fees
incurred in any action to enforce the order to pay."

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SECTION
2
.
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Section 711-1121, Hawaii Revised Statutes, is
amended by amending subsection (4) to read as follows:

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"(4)
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For purposes of this subsection:

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"Contraband"
has the same meaning as in section 710-1023.

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"Dangerous
instrument" has the same meaning as in section 707-700.

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"Drug"
has the same meaning as in section 710‑1022.

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"Electric
gun" has the same meaning as in section 134-81.

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"Explosive"
means a device composed of a single ingredient, or mixture of ingredients,
capable of instantaneously releasing a sufficient amount of energy to inflict
substantial damage to persons or property, and includes fireworks as defined in
section [
132D-2.
]
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-2.

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"Firearm"
has the same meaning as in section 134‑1.

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"Prison"
includes jails, prisons, correctional centers, correctional facilities, and
detention centers.

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"Serious
bodily injury" has the same meaning as in section 707-700.

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"Weapon
of mass destruction" means any weapon that is designed or intended to
cause death or serious bodily injury through the release, dissemination, or
impact of toxic or poisonous chemicals, or other precursors, and includes any
weapon involving a biological agent, toxin, or vector and any weapon designed
to release radiation or radioactivity at a level dangerous to human life."

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SECTION
3
.
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Section 712-1270, Hawaii Revised Statutes, is
amended to read as follows:

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"
�712-1270
�

Places used to commit offenses against public health and morals or other
offenses, a nuisance.
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Every
building, premises, or place used for the purpose of violating:

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(1)
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Those laws
pertaining to offenses against public health and morals contained in this
chapter, except offenses under part IV that do not involve the manufacture or
distribution of drugs and activities under part III that involve only social
gambling as defined in section 712-1231(a);

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(2)
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Section [
132D-14(a)(1)
]

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�
-6(a)(1)

or (3); or

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(3)
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Any offense under part II
of chapter 708
that involves a person unlawfully residing on or
otherwise occupying real property to which the person has no title, lease, or
other legal claim,

and every building, premises, or place in or upon
which violations of any of the laws set forth in paragraph (1), (2), or (3) are
held or occur, is a nuisance that shall be enjoined, abated, and prevented,
regardless of whether it is a public or private nuisance."

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SECTION
4
.
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Section 712-1270.3, Hawaii Revised Statutes,
is amended to read as follows:

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"
�712-1270.3
�

Citizen's rights.
�
Any citizen
who brings a nuisance abatement suit against a place used for the purpose of committing:

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(1)
�
Fireworks related offenses contained in section
[
132D‑14(a)(1)
]
��
�
-6(a)(1)
or (3); or

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(2)
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Drug offenses under part IV of this chapter or
who files a complaint with the local police or drug nuisance abatement unit of
the department of the attorney general,

shall be entitled to the same rights and protections
of victims and witnesses in criminal proceedings in accordance with chapter 801D."

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SECTION
5
.
�
Section 712-1281, Hawaii Revised Statutes, is
amended to read as follows:

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"
[
[
]�712-1281
�
Forfeiture; fireworks.[
]
]
�
In addition to any other penalty that may be
imposed for violation of section [
132D-14(a)(1)
]
��
�
-6(a)(1)

or (3), any property used or intended for use in the commission of, attempt to
commit, or conspiracy to commit an offense under section [
132D-14(a)(1)
]

���
-6(a)(1)
or (3), or that
facilitated or assisted such activity, and any proceeds or other property
acquired or maintained with the proceeds from violation of section [
132D‑14(a)(1)
]

���
‑6(a)(1)
or (3) may be
subject to forfeiture pursuant to chapter 712A."

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SECTION 6.
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Chapter 132D, Hawaii Revised Statutes, is
repealed.

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SECTION 7.
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All rules, policies, procedures, guidelines,
and other material adopted or developed by any state or county agency before
the effective date of this Act to implement provisions of the Hawaii Revised
Statutes repealed or amended by this Act shall remain in full force and effect,
to the extent the new provisions of the Hawaii Revised Statutes established by
this Act are substantively similar to the repealed or amended provisions of the
Hawaii Revised Statutes.
�
Rules,
policies, procedures, guidelines, and other materials remaining in effect
pursuant to this section may be amended or repealed pursuant to applicable law.

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SECTION
8.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION
9.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 10.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Fireworks;
Articles Pyrotechnic; Aerial Devices; Prohibited

Description:

Prohibits
fireworks.
�
Imposes penalties.

The summary description
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not legislation or evidence of legislative intent.