§132D-2 Definitions. As used in this chapter unless the context requires otherwise:
"Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off rises more than twelve feet into the air and then combusts, explodes, deflagrates, or detonates in the air, shoots or emits flaming balls, or shoots or emits sparks. Alternatively, "aerial device" may include but is not limited to any device classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations that contains one hundred thirty milligrams or less of explosive materials, including 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.
"Carrier" means any shipper or anyone who transports goods, merchandise, property, or people by rail car, aircraft, motor vehicle, or vessel.
"Consumer fireworks" means any fireworks that upon ignition, discharge, or otherwise being set off, produce visible or audible effects and that 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. Alternatively, "consumer fireworks" may include but is not limited to any firework that complies 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" may include but need not be limited to 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, snakes, sparklers, fountains, and cylindrical or cone fountains that emit effects up to a height no 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.
"Director" means the director of law enforcement.
"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 that exceed the limits of explosive materials for classification as "consumer fireworks". "Display fireworks" also includes fused set pieces containing components that together exceed fifty milligrams of salute powder. The use of display fireworks shall be prohibited for use by any person who does not have a display permit issued by a county.
"Distribute" or "distribution" means to sell, transfer, deliver to another, give or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.
"Dwelling" means a building that is used or usually used by a person for lodging.
"Fireworks" means any combustible or explosive composition, or any substance or combination of substances, that produces a visible or audible effect by combustion, explosion, deflagration, or detonation, including but not limited to aerial devices, consumer fireworks, or display fireworks as defined by this section. "Fireworks" also includes but is not limited to aerial devices, consumer fireworks, or display fireworks, as defined in the regulations of the United States Department of Transportation as set forth in title 49 Code of Federal Regulations. "Fireworks" does not include any explosives or pyrotechnics regulated under chapter 396 or automotive safety flares, nor shall "fireworks" be construed to include toy pistols, toy cannons, toy guns, party poppers, pop-its, or similar devices.
"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 into the State or to cause to be brought into the State any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks, as defined in this section or as defined by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations, and includes any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks labeled or designated as samples, even if not intended for retail sale.
"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.
"Movie" or "television production" means a series of activities that are directly related to the creation of visual and cinematic imagery to be delivered via film, videotape, or digital media and are to be sold, distributed, or displayed as entertainment or the advertisement of products for mass public consumption, including scripting, casting, set design and construction, transportation, videography, photography, sound recording, interactive game design, and post production.
"Permanent" means the state of one object being affixed to another object by glue or other means in a manner that the affixed object is intended to not be easily removable.
"Permanent fireworks storage building or structure" means a building or structure affixed to a foundation on a site and having fixed utility connections, which is intended to remain on the site for more than one hundred eighty consecutive calendar days in a twelve-month period for the purpose of receiving, storing, or shipping fireworks, but in which no manufacturing of fireworks is performed.
"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.
"Red flag warning" means a weather forecast issued by the National Weather Service indicating that weather conditions associated with the outbreak of wildfire may occur.
"Shipper" means an entity or person, including a freight forwarder, that is hired for the transport of aerial devices, articles pyrotechnic, consumer fireworks, display fireworks, or fireworks.
"Substantial bodily injury" means bodily injury that causes a:
(1) Major avulsion, laceration, or penetration of the skin;
(2) Burn of at least second degree severity;
(3) Bone fracture;
(4) Serious concussion; or
(5) Tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.
"Temporary fireworks storage building or structure" means a building or structure that is used for fireworks storage for one hundred eighty days or less in a twelve-month period. [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; am L 2010, c 136, §2; am L 2011, c 127, §2; am L 2014, c 11, §1; am L 2024, c 208, §3; am L 2025, c 243, §3]