Bill Text: HI HB1626 | 2014 | Regular Session | Introduced

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Bill Title: State Fire Council Package; Fireworks; Shippers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-17 - Referred to PBS/TRN, FIN, referral sheet 2 [HB1626 Detail]

Download: Hawaii-2014-HB1626-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1626
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FIREWORKS.

 

 

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

 

     SECTION 1.  The legislature finds that the transportation of fireworks to, from, and within the State involves various methods of transport, including but not limited to interstate trucking or rail, interstate maritime transportation, intrastate maritime transportation, and intrastate trucking.  The legislature further finds that given the diversity of transportation processes and modes, it is essential to, and in the best interest of, the health and safety of the community and the State's first responders that fireworks shipments into the State are thoroughly accounted for and reported.  The legislature acknowledges that state law currently imposes certain requirements for individuals or entities licensed to import, store, or sell fireworks pursuant to section 132D-8.6, Hawaii Revised Statutes.  However, to ensure a more comprehensive tracking of all shipments of fireworks imported into the State, additional requirements of those persons or entities defined as "shipper" in the State's fireworks statute, chapter 132D, Hawaii Revised Statutes, is necessary.  The requirements for shippers were inadvertently omitted at the time that the definition was added to chapter 132D, Hawaii Revised Statutes.  Further, the legislature finds that shipments of fireworks imported into the State may consist of multiple orders or lots that may require "redistribution" and that those activities are not clearly defined or recognized in the current fireworks statute.

     Therefore, the purpose of this Act is to clarify the current fireworks statute by:

     (1)  Defining the activity of redistribution;

     (2)  Delineating the responsibilities of those persons or entities defined as "shipper"; and

     (3)  Clarifying the labeling size of display fireworks, articles pyrotechnic, and aerial devices.

     SECTION 2.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to read as follows:

     "§132D-8.7  Requirements of shipper.  Any shipper that receives fireworks that are imported into the State or transported between counties shall notify the fire chief as to whether the shipment will be distributed from:

     (1)  Pier to pier;

     (2)  Pier to warehouse or storage facility; or

     (3)  Pier to redistribution."

     SECTION 3.  Section 132D-2, Hawaii Revised Statutes, is amended as follows:

     1.   By adding a new definition to read:

     ""Redistribution" means the performance or conducting of activities related to the unpacking, segregating, and repacking of a consolidated shipment of fireworks or articles pyrotechnics for the purpose of transporting or delivering to one or more of the three types of licensee sites (storage, wholesale, or retail) as provided in section 132D-8.6.  Redistribution activities are acknowledged as being temporary or short duration in nature."

     2.   By amending the definition of "license" to read:

     ""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."

     SECTION 4.  Section 132D-16.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Each shell, mine, comet, and multiple tube device, such as finale or barrage boxes, roman candle batteries, or cakes, shall bear a permanent label listing the licensee's name, address, and contact information to include telephone number or electronic mail address.  The label shall also list the name and business address of the manufacturer.  The label shall be approved by the state fire council and conform to the following standards:

     (1)  Numerals and letters of the printed matter shall be not less than one-eighth of an inch high;

     (2)  Required statements shall be printed in a color that contrasts sharply with the background and shall be printed within a borderline; and

     (3)  The label shall measure at least [nine inches by nine inches;] 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."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

State Fire Council Package; Fireworks; Shippers

 

Description:

Requires shippers of fireworks to notify the fire chief regarding the distribution of fireworks shipments.  Defines the activity of "redistribution" of fireworks and clarifies that the period of validity of fireworks licenses is not to exceed one year.  Clarifies the labeling size of display fireworks, articles pyrotechnic, and aerial devices.

 

 

 

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