Bill Text: HI SB1481 | 2024 | Regular Session | Introduced
Bill Title: Relating To Fireworks.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1481 Detail]
Download: Hawaii-2024-SB1481-Introduced.html
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THE SENATE |
S.B. NO. |
1481 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fireworks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§132D- Conditions
of importation. (a) The importation into the State of any
fireworks, articles pyrotechnic, or box, vehicle, baggage, or any other
container in which fireworks or articles pyrotechnic have been transported,
shall comply with the following:
(1) Notification
of arrival. Any person who causes
fireworks or articles pyrotechnic to be imported into the State as freight, air
freight, baggage, or otherwise, for the purpose of debarkation or entry
therein, shall immediately upon the arrival thereof, notify the appropriate
county fire department, in writing, of the arrival, giving the waybill number,
container number, name and address of the consignor, name and address of the
consignee or the consignee's agent in the State, marks, number of packages,
description of contents in each package, port at which laden, and any other
information that may be necessary to locate or identify the same, and shall
hold the fireworks or articles pyrotechnic at their final destination in the
State in a manner that they will not be removed from the box, vehicle, baggage,
or other container until inspection and examination can be made by the county
fire department to determine whether or not any article, or any portion
thereof, is imported in accordance with the permit. The counties shall adopt ordinances to
require identification of specific articles on negotiable and non-negotiable
warehouse receipts, bills of lading, or other documents of title for inspection
of the fireworks or articles pyrotechnic.
Failure to obtain a permit in accordance with this chapter shall be a
violation of this section;
(2) Authority
to inspect. Whenever the county fire
department has good cause to believe that any provision of this chapter is
being violated, the county fire department may:
(A) Enter into any warehouse, pier, or other place where any of the
fireworks or articles pyrotechnic are moved and stored, for the purpose of
ascertaining, by inspection and examination, whether or not any fireworks or
articles pyrotechnic are present; provided that the inspection and examination
occurs at the final destination of the shipping container containing fireworks
or articles pyrotechnic;
(B) Request cargo manifests from aircraft and vessels arriving in
the State at random and prohibit the opening of specified cargo until an
authorized county fire department representative is present. Upon receiving notice that a county fire
department representative's presence is required, opening the cargo prior to
the representative's arrival shall constitute a violation of this section; and
(C) Inspect any baggage or personal effects of disembarking
passengers, officers, and crew members on an aircraft or vessels arriving in the
State to ascertain if they contain any fireworks or articles pyrotechnic. No baggage or other personal effects of the
passengers or crew members shall be released until the baggage or effects have
been passed.
Baggage or cargo inspection shall be made at the discretion of the county fire department; provided that any inspection be conducted at the final destination of the cargo or shipping container containing fireworks or articles pyrotechnic; provided further that inspection of any baggage or personal effects of disembarking passengers, officers, and crew members on an aircraft or vessel arriving in the State may occur at the airport or port.
Whenever the county fire department representative has good cause to believe that the provisions of this chapter are being violated, the county fire department representative may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the Hawaiian Islands, be opened for inspections to determine whether any fireworks or articles pyrotechnic regulated by this chapter or by rules adopted thereto are present; provided that any inspection be conducted at the final destination of the cargo or shipping container containing fireworks or articles pyrotechnic; provided further that inspection of any baggage or personal effects of disembarking passengers, officers, and crew members on an aircraft or vessel arriving in the State may occur at the airport or port. It shall be a violation of this section if any unpermitted firework or article pyrotechnic is found;
(3) Request for importation and inspection. In addition to requirements of the United States customs authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the appropriate county fire department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain fireworks or articles pyrotechnic into the State and:
(A) Identifying the kind, quantity, and description of fireworks or articles pyrotechnic;
(B) Specifying the port from which the fireworks or articles pyrotechnic were last shipped;
(C) Specifying the name of the shipper;
(D) Specifying the name of the consignee; and
(E) Providing the appropriate county fire department the opportunity to examine the articles described.
Failure or refusal to file a
statement shall be a violation of this section and may, in the discretion of
the county fire department, be sufficient cause for refusing to permit the
entry of fireworks or articles pyrotechnic into the State;
(4) Place of inspection. If in the judgment of the county fire department representative, it is deemed necessary or advisable to conduct inspection of a box, baggage, or container for fireworks, the inspection shall be conducted at the final destination of the cargo or shipping container containing fireworks or articles pyrotechnic. All costs and expenses incident to the movement and transportation of the fireworks or articles pyrotechnic to the final destination shall be borne by the importer or the importer's agent;
(5) Disposition. Upon completion of inspection, the county fire department representative shall affix to the fireworks or articles pyrotechnic, the container, or both, a tag, label, or stamp to indicate that the firework or article pyrotechnic has been inspected and passed. This action shall constitute a permit to bring the article into the State. The appropriate county fire department shall take custody and possession of and exercise jurisdiction over fireworks or articles pyrotechnic found to violate this section. The shipper or consignee of fireworks or articles pyrotechnic found in violation of this section shall pay for all costs associated with disposal of the fireworks or articles pyrotechnic, including storage, trucking, shipping, and actual disposal;
(6) Ports of entry. No firework or article pyrotechnic shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the state fire council; and
(7) Transportation and storage of fireworks or articles pyrotechnic found in violation of this section. Each county fire department shall establish and maintain a secure storage site for fireworks or articles pyrotechnic found in violation of this section. The storage site shall be located away from ports of entry. The county fire departments shall authorize the movement of fireworks or articles pyrotechnic found in violation of this section to be transported from the location the fireworks or articles pyrotechnic were found to the secure storage site. Each county fire department may require its authorized agent to escort the fireworks or articles pyrotechnic. The shipper or consignee of fireworks or articles pyrotechnic found in violation of this section shall pay for the transportation costs.
(b) Each county shall adopt ordinances to effectuate the purpose of this section.
(c) For the purposes of this section:
"Inspect" means to examine material to ascertain the presence or absence of fireworks or articles pyrotechnic and to otherwise determine compliance with the provisions of this chapter or any rule or ordinance adopted under this chapter.
"Passed" means the clearance status for entry given an article for import after inspection requirements have been met."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Fireworks; Importation; Inspection; County Fire Departments; Ordinances
Description:
Establishes conditions for the importation of fireworks. Authorizes the county fire departments to inspect warehouses, piers, cargo, baggage, and personal effects of persons arriving in the State to ascertain if they contain any fireworks. Requires importers of fireworks to file a written statement with the appropriate county fire department. Allows the county fire departments to take custody and possession of and exercise jurisdiction over illegally imported fireworks. Prohibits the importation of fireworks except through airports and seaports approved by the State Fire Council. Requires each county fire department to establish and maintain a secure storage site for illegally imported fireworks. Requires that each county establish ordinances setting conditions for the importation of fireworks.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
