§132D-2  Definitions.  As used in this
chapter unless the context requires otherwise:



"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, and that is
prohibited for use by any person who does not have a permit for display issued
by a county under section 132D-16.  "Aerial devices" classified as
fireworks under UN0336 and UN0337 by the United States Department of
Transportation as set forth in Title 49 Code of Federal Regulations include
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.



"Consumer fireworks" means any
fireworks designed primarily for retail sale to the public during authorized
dates and times, that produces visible or audible effects by combustion, and
that is designed to remain on or near the
ground and, while stationary or spinning rapidly on or near the ground, emits
smoke, a shower of colored sparks, whistling effects, flitter sparks, or balls
of colored sparks, and includes combination items that contain one or more of
these effects.  "Consumer fireworks" shall comply 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" 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 contain a charge of not
more than fifty milligrams of pyrotechnic composition, snakes, sparklers,
fountains, and cylindrical or cone fountains that emit effects up to a height
not 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.



"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 which exceed the limits of explosive materials for classification as
"consumer fireworks".  This term also includes fused setpieces
containing components, which together exceed fifty milligrams of salute power. 
The use of display fireworks shall be prohibited for use by any person who does
not have a display permit issued by a county.



"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 the regulations of the United States Department of
Transportation as set forth in Title 49 Code of Federal Regulations.  The term
"fireworks" shall not include any explosives or pyrotechnics
regulated under chapter 396 or automotive safety flares, nor shall the term be
construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its,
or other devices which contain twenty-five hundredths of a grain or less of
explosive substance.



"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.



"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.



"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 fireworks. [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]