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

"Aerial device" means any fireworkscontaining one hundred thirty milligrams or less of explosive materials thatproduces an audible or visible effect and is designed to rise into the air andexplode or detonate in the air or to fly about above the ground, and that isprohibited for use by any person who does not have a permit for display issuedby a county under section 132D-16.  "Aerial devices" classified asfireworks under UN0336 and UN0337 by the United States Department ofTransportation as set forth in Title 49 Code of Federal Regulations includefirework items commonly known as bottlerockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygobombs, roman candles, flying pigs, and jumping jacks that move about the groundfarther than a circle with a radius of twelve feet as measured from the pointwhere the item was placed and ignited, aerial shells, and mines.

"Articlespyrotechnic" means pyrotechnic devices for professional use similar toconsumer fireworks in chemical composition and construction but not intendedfor consumer use that meet the weight limits for consumer fireworks but are notlabeled as such, and that are classified as UN0431 or UN0432 by the UnitedStates Department of Transportation.

"Consumer fireworks" means anyfireworks designed primarily for retail sale to the public during authorizeddates and times, that produces visible or audible effects by combustion, andthat is designed to remain on or near theground and, while stationary or spinning rapidly on or near the ground, emitssmoke, a shower of colored sparks, whistling effects, flitter sparks, or ballsof colored sparks, and includes combination items that contain one or more ofthese effects.  "Consumer fireworks" shall comply with theconstruction, chemical composition, and labeling regulations of the UnitedStates Consumer Product Safety Commission as set forth in Title 16 Code ofFederal Regulations and fireworks classified as UN0336 and UN0337 by the UnitedStates Department of Transportation as set forth in Title 49 Code of FederalRegulations.  "Consumer fireworks" include firework items commonlyknown as firecrackers that are single paper cylinders not exceeding one andone-half inches in length excluding the fuse and one-quarter of an inch in diameter and contain a charge of notmore than fifty milligrams of pyrotechnic composition, snakes, sparklers,fountains, and cylindrical or cone fountains that emit effects up to a heightnot greater than twelve feet above the ground, illuminating torches, bamboocannons, whistles, toy smoke devices, wheels, and ground spinners that whenignited remain within a circle with a radius of twelve feet as measured fromthe point where the item was placed and ignited, novelty or trick items,combination items, and other fireworks of like construction that are designedto produce the same or similar effects.

"Cultural" means relating to thearts, customs, traditions, mores, and history of all of the various ethnicgroups of Hawaii.

"Display" means the use of aerialdevices, display fireworks, or articles pyrotechnic for any activity, includingsuch activities as movie or television production.

"Display fireworks" means anyfireworks designed primarily for exhibition display by producing visible oraudible effects and classified as display fireworks or contained in theregulations of the United States Department of Transportation and designated asUN0333, UN0334, or UN0335, and includes salutes containing more than two grains(one hundred and thirty milligrams) of explosive materials, aerial shellscontaining more than forty grams of pyrotechnic compositions, and other displaypieces which exceed the limits of explosive materials for classification as"consumer fireworks".  This term also includes fused setpiecescontaining components, which together exceed fifty milligrams of salute power. The use of display fireworks shall be prohibited for use by any person who doesnot have a display permit issued by a county.

"Fireworks" means any combustible orexplosive composition, or any substance or combination of substances, orarticle prepared for the purpose of producing a visible or audible effect bycombustion, explosion, deflagration, or detonation and that meets thedefinition of aerial device or consumer or display fireworks as defined by thissection and contained in the regulations of the United States Department ofTransportation as set forth in Title 49 Code of Federal Regulations.  The term"fireworks" shall not include any explosives or pyrotechnicsregulated under chapter 396 or automotive safety flares, nor shall the term beconstrued 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 ofexplosive substance.

"Import" (and any nounal, verbal,adjectival, adverbial, and other equivalent form of the term usedinterchangeably in this chapter) means to bring or attempt to bring fireworksinto 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 fromthe date of issuance and which the department is hereby authorized to issueunder this chapter, to engage in the act or acts specifically designatedherein.

"Permit" means a nontransferable,formal authorization, valid for a period not to exceed one calendar year fromthe date of issuance and which a county is hereby authorized to issue underthis chapter, to engage in the act or acts specifically designated herein.

"Pyrotechnic composition" or"pyrotechnic contents" means the combustible or explosive componentof fireworks. [L 1994, c 180, pt of §1; am L 2000, c 233, §§4, 16; am L 2006, c183, §§2, 3, 20; am L 2008, c 38, §1]