reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-4.5 Investigation of fires; immunity for information received from insurers.

§132-4.5 Investigation of fires; immunity for information received from insurers.
(a) The fire chief of each county may require any insurer in writing to release information relating to any investigation the insurer has made concerning a loss or potential loss due to fire of suspicious or incendiary origin which information shall include but not be limited to:
(1) An insurance policy relating to such loss;
(2) Policy premium records;
(3) History of previous claims; and
(4) Other relevant material relating to such loss or potential loss.
(b) If any insurer has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the insurer shall furnish the county fire chief with all relevant material acquired during its investigation of the fire loss, cooperate with and take such action as may be required of it by the county fire chief, and permit any person ordered by the court to inspect any of its records pertaining to the policy and the loss. Such insurer may request the county fire chief to release information relating to any investigation the fire chief has made concerning any such fire loss of suspicious or incendiary origin.
(c) In the absence of fraud, malice, or criminal act, no insurer or person who furnishes information on its behalf, shall be liable for damages in a civil action or be subject to criminal prosecution for any oral or written statement made that is necessary to supply information required pursuant to this section.
(d) The county fire chief receiving any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required in furtherance of a criminal or civil proceeding.
(e) The county fire chief, in person or by officers or members of the fire chief's fire department, may be required to testify as to any information in the fire chief's possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against any insurance company for the fire loss. [L 1979, c 215, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-5 Right of entry for inspection; unlawful to obstruct.

§132-5 Right of entry for inspection; unlawful to obstruct.
The county fire chief or the chief's designees, at all reasonable hours may enter any buildings, structures, or premises within the fire chief's jurisdiction, except the interior of private dwellings, to make any inspection, investigation, or examination that is authorized to be made under this chapter. The county fire chief or the chief's designees may enter any private dwelling whenever the fire chief or the chief's designees have reason to believe that dangerous conditions creating a fire hazard exist in the dwelling. The county fire chief or the chief's designees may enter any private dwelling when a fire has occurred in the dwelling. It shall be unlawful to obstruct, hinder, or delay any person having the right to make the inspection, investigation, or examination in the performance of duty.
The county fire chief or the chief's designees are authorized to make an inspection of all buildings and facilities, except state-owned airport facilities, the frequency of which shall be made in accordance with section 132-6, and shall make a report to the authorities responsible for the maintenance of any building or facility when it is found that a building or facility does not meet minimum standards of fire and safety protection. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(13); RL 1945, §8530; RL 1955, §184-6; am L 1959, c 114, §1; HRS §132-6; ren and am L 1978, c 241, §2(6); gen ch 1985; am L 2001, c 6, §1; am L 2007, c 10, §2; am L 2009, c 105, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-7 Duty of owner to remove fire hazard; expense; lien.

§132-7 Duty of owner to remove fire hazard; expense; lien.
If the owner or occupant, to whom the order is directed, fails to comply with the order, or with the order as modified on appeal, and within the time therein fixed, then the county fire chief may cause the buildings, structures, or premises to be repaired, torn down, demolished, materials removed, and all dangerous conditions remedied, as the case may be, at the expense of the owner or occupant, and, if the owner or occupant within thirty days thereafter fails, neglects, or refuses to pay the county fire chief the expense incurred thereby by the fire chief, the county shall have a prior lien for the expense on the real estate on which the buildings or structures were located, or on the premises involved, by the filing of a notice of lien in the bureau of conveyances or in the office of the assistant registrar of the land court, or both, as appropriate. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(12); RL 1945, §8532; RL 1955, §184-8; HRS §132-8; ren and am L 1978, c 241, §2(8); gen ch 1985; am L 1998, c 219, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-8 Duties of owners generally.

§132-8 Duties of owners generally.
(a) Every owner or other person having charge of or control over any building, structure, or other premises, in this chapter designated "owner", shall construct, keep, and make the building, structure, or other premises, in this chapter designated "building", reasonably safe from loss of life or injury to persons or property by fire, in this chapter designated "fire loss", in view of the type of construction, the use of the building, and all other pertinent circumstances.
(b) No owner shall permit the occupancy or use of any building which is not reasonably safe from fire loss and no owner shall fail to furnish, provide, and use reasonably adequate protection and safeguards against fire, or fail to adopt and use processes and methods reasonably adequate to render the building safe from fire loss; and no owner or other person shall fail or neglect to do every other thing reasonably necessary to prevent a fire loss in any building under the owner's or person's charge or control. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(14); RL 1945, §8533; RL 1955, §184-9; HRS §132-9; ren and am L 1978, c 241, §2(9); gen ch 1985]
Law Journals and Reviews
Tort and Insurance "Reform" in a Common Law Court. 14 UH L. Rev. 55 (1992).
Case Notes
Fireman's Rule adopted. 72 H. 191, 811 P.2d 821 (1991).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-8.5 Automatic elevators.

§132-8.5 Automatic elevators.
(a) Every owner, as defined in section 132-8, of a building in a county with more than five floors above or below ground, in which there is an elevator having automatic operation, shall provide that one or more elevators in such building shall be arranged for use by firefighters as follows:
(1) A key-operated switch with light jewel shall be provided adjacent to the elevator at the street floor landing and may be provided at other landings subject to the discretion of the county fire chief. The key-operated switch shall remove the elevator from normal service and place it on firefighters' service.
(2) The key-operated switch shall, when operated, cancel existing car calls, prevent registration of further car calls, prevent the opening of the elevator doors except at the landing at which the switch is located, and cause the car to travel to that landing bypassing other landing calls. The light jewel shall be illuminated when the car is returning to the firefighters' landing in response to the operation of the key-operated switch.
(3) When the car arrives at the firefighters' landing, the doors shall open and remain open until closed by the operation of the elevator from the car.
(4) A key-operated switch shall be provided in the car which can be operated only by the key which operates the firefighters' landing switch and which, when operated, shall permit operation of the elevator only from the car-operating buttons and cause the elevator to bypass landing calls.
(b) In any case where a contract for the installation of an elevator in a building with more than five floors above or below ground, has been entered on or after July 1, 1974, the elevator shall meet all requirements of the American National Standard Safety Code for Elevators, A17.1-1971, and supplements A17.1a-1972 and A17.1b-1973, as amended from time to time.
(c) The installation, operation, and maintenance of the safety feature prescribed in subsection (a) shall comply with Appendix E of the American National Standard Safety Code for Elevators A17.1-1971, as amended from time to time, and with rules promulgated in conformity with chapter 91 by each county fire chief.
(d) Each county fire chief shall, after consultation with the director of labor and industrial relations as administrator of the Hawaii Occupational Safety and Health Law under chapter 396, promulgate rules in conformity with chapter 91 necessary for the purposes of this section as it applies to all elevators contracted for, before July 1, 1974.
(e) Any person who violates this section shall be subject to the penalties provided in section 132-13. [L 1972, c 24, §2; am L 1974, c 67, §1; HRS §132-9.5; am L 1977, c 191, §2; ren and am L 1978, c 241, §2(10)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-9 Submission of building plans for approval.

§132-9 Submission of building plans for approval.
The county fire chief shall be authorized by each respective county to require plans or documentation, or both, to show compliance with the county's adopted fire code for the following:
(1) Construction, alteration, rehabilitation, or addition to any building, structure, or facility;
(2) Changes in the use of a building or structure, or a change in occupancy; and
(3) Installation or alteration of any procedures, equipment, property, or structure for any life safety or fire protection systems.
No work shall commence without the necessary permits issued by the jurisdiction having authority.
This section shall be applicable to the State and the counties, and other municipal subdivisions, and their officers, as well as to private persons. [L 1945, c 166, §1; RL 1955, §184-10; am L 1963, c 3, §1; HRS §132-10; ren and am L 1978, c 241, §2(11); gen ch 1985; am L 2013, c 179, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-10 Witnesses; fees.

§132-10 Witnesses; fees.
The county fire appeals board or the county fire chief shall in all proceedings have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order of the county fire appeals board or the county fire chief or of any subpoena issued by either of them or of the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the county corporation counsel, shall compel obedience as in case of disobedience of all requirements of a subpoena issued from a circuit court or a refusal to testify therein. The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the circuit courts and shall be paid by the appropriate county out of any appropriation or funds available for the expenses of the county fire chief. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(19); RL 1945, §8535; RL 1955, §184-12; HRS §132-12; am L 1973, c 31, pt of §21; ren and am L 1978, c 241, §2(13); gen ch 1985]
Rules of Court
Subpoena, see HRCP rule 45.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-11 OLD REPEALED. §132-11 Recorded order of county fire chiefs as evidence.

§132-11 OLD REPEALED.
L 1978, c 241, §2(12).
§132-11 Recorded order of county fire chiefs as evidence.
A duplicate original of every order made by each county fire chief shall be filed in the fire chief's office and such duplicate original shall be admissible as evidence in any prosecution for the violation of any of its provisions. Unless an appeal has been instituted and is pending, the provisions of any order shall be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety from fire loss. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(18); RL 1945, §8436; RL 1955, §184-13; HRS §132-13; ren and am L 1978, c 241, §2(14); gen ch 1985]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-12 Court aid.

§132-12 Court aid.
Each county fire chief may invoke the aid of any court of competent jurisdiction to enforce any order or action made or taken by the fire chief in pursuance of law. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(20); RL 1945, §8537; RL 1955, §184-14; am L 1965, c 96, §127; HRS §132-14; ren and am L 1978, c 241, §2(15); gen ch 1985; am L 1993, c 6, §7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-13 Penalty.

§132-13 Penalty.
Any owner, occupant, or other person having control over or charge of any building, structure, or other premises who violates any provision of this chapter or any law, ordinance, or rule relating to protection from fire loss or who fails or refuses to comply with any order of the county fire chief shall be fined not more than $500 or imprisoned not more than thirty days, or both. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; am L 1929, c 24, §1; am imp L 1932 1st, c 13; am L 1933-4, c 28, §1; RL 1935, pt of §6839; am L 1939, c 239, §1(21); RL 1945, §8538; RL 1955, §184-15; HRS §132-15; ren and am L 1978, c 241, §2(16)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-14 Educational powers of county fire chiefs.

§132-14 Educational powers of county fire chiefs.
The fire chiefs of each county may:
(1) Appoint advisers, promote and secure the appointment and service of committees of commercial, industrial, labor, civic, and other organizations, who shall, without compensation, assist the county fire chief in establishing standards of safety;
(2) Establish and maintain museums and exhibits of safety and fire prevention in which shall be exhibited equipment, safeguards, and other means and methods for protection against fire loss, and publish and distribute bulletins on any phase of this general subject;
(3) Cause lectures to be delivered, illustrated by stereopticon or other views, diagrams, or pictures, for the information of owners or other persons and the general public, in regard to the causes and prevention of fires and related subjects. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(15); RL 1945, §8539; RL 1955, §184-16; HRS §132-16; ren and am L 1978, c 241, §2(17)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-15 Powers of director of labor and industrial relations.

§132-15 Powers of director of labor and industrial relations.
Nothing contained in this chapter shall be construed to deprive the director of labor and industrial relations of any power or jurisdiction over or relative to the storage of explosives. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(17); RL 1945, §8540; RL 1955, §184-17; HRS §132-17; ren and am L 1978, c 241, §2(18)]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-17 Novelty lighters; prohibited; penalties.

§132-17 Novelty lighters; prohibited; penalties.
(a) No person shall sell, offer for sale, or otherwise distribute any novelty lighter within the State.
(b) As used in this section, "novelty lighter" means a handheld device that is designed to use fuel to produce flame for the ignition of cigarettes, cigars, or pipes, and has a design that would make it particularly attractive to children ten years of age or younger.
"Novelty lighter" includes but is not limited to lighters that:
(1) Depict or resemble cartoon characters, toys, guns, watches, games, musical instruments, vehicles, animals, food, or beverages;
(2) Produce sounds or music;
(3) Have flashing lights or illumination; or
(4) Any combination of the above.
(c) This section shall not apply to the following:
(1) Novelty lighters that are manufactured in the State or transported through the State, exclusively for sale, offer for sale, or distribution outside the State;
(2) Any lighter manufactured prior to 1980 or any lighter that lacks fuel or a component necessary to produce flame or combustion; and
(3) Standard disposable and refillable lighters that are printed or decorated with logos, labels, decals, or artwork, or heat shrinkable sleeves.
(d) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both. [L 2011, c 224, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-18 Administrative staffing for the state fire council.

§132-18 Administrative staffing for the state fire council.
(a)
The state fire council may employ on a full-time basis an administrator and administrative assistant, without regard to chapters 76 and 89. The administrator shall administer the affairs of the state fire council at the direction of the council. The state fire council shall determine the compensation for the administrator and the administrative assistant.
(b) The administrator and administrative assistant shall assist the state fire council in carrying out the duties of the council under section 132-16, including:
(1) Administration of the daily operations of the state fire council;
(2) Administration of the adoption process of the state fire code by the counties;
(3) Submission of applications for and expending of federal grants and assistance for fire-related projects;
(4) Administration of the reduced ignition propensity cigarette program;
(5) Coordination of the statewide fire and life safety training, education, and data collection programs; and
(6) Implementation of other related duties as directed by the state fire council.
(c) The budgetary requirements for conducting meetings and other related functions of the state fire council, including the salaries of the administrator and administrative assistant, shall be included in the budget of the department of labor and industrial relations. [L 2011, c 188, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132. Fire Protection › 132-19 Aerial luminaries; prohibited.

§132-19 Aerial luminaries; prohibited.
(a) It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial luminaries, commonly known as sky lanterns, Hawaii lanterns, and flying luminaries.
(b) Any person who violates this section shall be guilty of a misdemeanor and shall be imprisoned for not more than one year or fined not more than $1,000, or both, for each violation.
(c) As used in this section, "aerial luminary" means an airborne paper lantern containing a small candle, or other device for fuel, that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the candle or other device extinguishes. [L 2012, c 319, §2]
Revision Note
Section was enacted as an addition to chapter 132D but was renumbered to this chapter pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-1 Purpose.

§132C-1 Purpose.
It is the intent of this chapter to require that only reduced ignition propensity cigarettes be sold in the State. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce accidental fires and related personal injury and property damage caused by cigarette smoking. [L 2008, c 218, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-2 Definitions.

§132C-2 Definitions.
For the purposes of this chapter, unless the context otherwise requires:
"Cigarette" means:
(1) Any roll for smoking, whether made wholly or in part of tobacco or any other substance, irrespective of size or shape, and whether or not the tobacco or substance is flavored, adulterated, or mixed with any other ingredient, with a wrapper or cover that is made of paper or any other substance or material, other than tobacco; or
(2) Any roll for smoking wrapped in any substance containing tobacco, which, due to its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in paragraph (1).
"Dealer" means the same as defined in section 245-1.
"Manufacturer" means:
(1) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere, and intends to sell these cigarettes:
(A) In this State; or
(B) Anywhere in the United States through an importer;
(2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(3) Any entity that becomes a successor of an entity described in paragraph (1) or (2).
"Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this chapter.
"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five per cent of the time.
"Sale" or "selling" means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration.
"Wholesaler" means the same as defined in section 245-1. [L 2008, c 218, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-5 State fire council; rules; implementation.

§132C-5 State fire council; rules; implementation.
The state fire council:
(1) May adopt rules pursuant to chapter 91 necessary to effectuate the purposes of this chapter;
(2) May examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises to enforce the provisions of this chapter, through its duly authorized representatives, or the attorney general and its duly authorized representatives, or other law enforcement personnel. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold or offered for sale, shall give the state fire council, the attorney general, their duly authorized representatives, and other law enforcement personnel, the means, facilities, and opportunity for the examinations authorized by this paragraph; and
(3) Shall ensure that the implementation of this chapter is in accordance with the implementation and substance of the New York fire safety standards for cigarettes. [L 2008, c 218, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-6 Penalties; enforcement; attorney general.

§132C-6 Penalties; enforcement; attorney general.
(a) The following civil penalties may be assessed:
(1) Against a manufacturer, wholesaler, or any other person or entity that knowingly sells cigarettes, except by licensed retail sales, in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $100,000 during any thirty-day period;
(2) Against a manufacturer that knowingly makes a false certification pursuant to section 132C-4, a civil penalty of at least $75,000 and not to exceed $250,000 for each false certification;
(3) Against a dealer that knowingly sells or offers for sale cigarettes in violation of section 132C-3, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale; provided that in no case shall the penalty exceed $25,000 for sales or offers to sell during any thirty-day period; and
(4) Against any other person that violates this chapter, a civil penalty for a first offense not to exceed $1,000, and for a subsequent offense not to exceed $5,000 for each violation.
(b) Any cigarettes sold or offered for sale that do not comply with the performance standard required by section 132C-3 shall be subject to forfeiture under chapter 712A. Cigarettes forfeited pursuant to this subsection shall be destroyed.
(c) Whenever any law enforcement officer or duly authorized representative of the state fire council discovers any cigarettes that have not been marked in the manner required under section 132C-4, the officer or representative may seize and take possession of the cigarettes. The cigarettes shall be considered contraband and may be seized with or without a warrant and turned over to the attorney general. The contraband cigarettes shall be subject to forfeiture under chapter 712A. Cigarettes seized pursuant to this subsection shall be destroyed.
(d) In addition to any other remedy provided by law, the attorney general may file an action for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney fees. Each violation of this chapter or of any rule adopted pursuant to this chapter shall constitute a separate civil violation for which the attorney general may obtain relief. [L 2008, c 218, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-7 Exemption.

§132C-7 Exemption.
Nothing in this chapter shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of this chapter, if the cigarettes are or will be stamped for sale in another state or are to be sold outside the United States. [L 2008, c 218, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-8 Existing inventories; consumer testing.

§132C-8 Existing inventories; consumer testing.
The requirement that cigarettes sold in Hawaii must be in compliance with this chapter shall not prohibit:
(1) Wholesalers or dealers from selling existing cigarette inventories on or after September 30, 2009; provided that the wholesaler or dealer can establish both of the following to the satisfaction of the state fire council:
(A) The Hawaii tax stamps were affixed to the cigarettes pursuant to chapter 245 prior to September 30, 2009; and
(B) The inventory was purchased prior to September 30, 2009, and the purchased inventory is comparable to the amount of inventory purchased during the same period the previous year; or
(2) The sale of cigarettes solely for the purpose of consumer testing. For the purposes of this paragraph, the term "consumer testing" means an assessment of cigarettes that is conducted by or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of cigarettes, using only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing. [L 2008, c 218, pt of §1]
Revision Note
"September 30, 2009" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132C. Reduced Ignition Propensity Cigarettes Law › 132C-9 Reduced ignition propensity cigarette program special fund.

§132C-9 Reduced ignition propensity cigarette program special fund.
(a) There is established in the state treasury a reduced ignition propensity cigarette program special fund, into which shall be deposited all moneys collected by the state fire council from the reduced ignition propensity cigarette program pursuant to section 132C-4. All interest earned or accrued on moneys deposited in the fund shall become part of the fund.
(b) Moneys in the reduced ignition propensity cigarette program special fund shall be administered and expended by the state fire council to defray the actual cost of activities and requirements of section 132C-4, including employing one full-time administrator and one full-time assistant whose duties include:
(1) Adopting administrative rules for program implementation, establishing compliance inspections, and approving forms and enforcement procedures and guidelines;
(2) Receiving certifications for approximately six hundred different brands and styles of cigarettes from the manufacturers;
(3) Compiling a list of the cigarette brands and styles for which manufacturers have submitted certifications, verifying tax stamp compliance with the department of the attorney general, and posting the list of certified brands and styles on a state website for informational purposes only;
(4) Reviewing and approving, as needed, any alternative test methods or fire standard compliance markings submitted by the manufacturer; and
(5) If needed, submitting certified cigarettes to an accredited laboratory for testing to verify that performance standards have been met. [L 2011, c 189, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-3 Permissible uses of consumer fireworks.

§132D-3 Permissible uses of consumer fireworks.
Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:
(1) From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or
(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);
provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit. [L 1994, c 180, pt of §1; am L 2000, c 233, §5; am L 2006, c 183, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices.

§132D-4 Permissible uses of display fireworks, articles pyrotechnic, and aerial devices.
(a) Display fireworks, articles pyrotechnic, and aerial devices may be purchased, set off, ignited, or otherwise caused to explode in the State only if for display and permitted in writing pursuant to sections 132D-10 and 132D-16.
(b) Display fireworks, articles pyrotechnic, and aerial devices shall be set off, ignited, discharged, or otherwise caused to explode within the State only from 9:00 a.m. to 9:00 p.m.; provided that the applicable county fire chief may extend the time period for special events; provided further that the time restriction established in this subsection shall not apply to display fireworks, articles pyrotechnic, and aerial devices set off, ignited, discharged, or otherwise caused to explode within the State solely as part of a movie or television production. [L 1994, c 180, pt of §1; am L 2000, c 233, §6; am L 2006, c 183, §5; am L 2011, c 127, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-5 General prohibitions.

§132D-5 General prohibitions.
(a) It shall be unlawful for any person without a permit issued under section 132D-10 by a county fire department to:
(1) Remove or extract the pyrotechnic contents from any fireworks;
(2) Throw any ignited fireworks:
(A) From, at, or into a vehicle;
(B) At a person or an animal; and
(C) From above the first floor of any building; or
(3) Set off, ignite, discharge, or otherwise cause to explode any fireworks:
(A) Above the first floor of any building;
(B) In any vehicle;
(C) At any time not within the periods for use prescribed in section 132D-3;
(D) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;
(E) In any school building, or on any school grounds and yards without first obtaining authorization from appropriate school officials;
(F) On any highway, alley, street, sidewalk, or other public way; in any park; on any public beach; in any officially designated forest or wildlife preserve; within fifty feet of a canefield; or within one thousand feet of any building used for public worship during the periods when services are held; and
(G) Within five hundred feet of any hotel.
(b) It shall be unlawful to purchase consumer fireworks more than five calendar days before the time periods for permissible use under section 132D-3.
(c) It shall be unlawful to sell consumer fireworks after 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, and 8:00 p.m. on the Fourth of July. [L 1994, c 180, pt of §1; am L 2006, c 183, §6; am L 2008, c 38, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-6 Exceptions.

§132D-6 Exceptions.
The prohibitions in section 132D-5 do not apply to:
(1) The use of flares, noisemakers, or signals for warning, pest control, or illumination purposes by police and fire departments, utility companies, transportation agencies, and other governmental or private agencies or persons, including agricultural operations, in connection with emergencies, their duties, or business;
(2) The sale or use of blank cartridges for a show or theater, or for signal, commercial, or institutional purposes in athletics or sports;
(3) The purchase and use of consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic:
(A) In a movie, television production, or theatrical production for which valid permits have been issued by a county pursuant to section 132D-10; and
(B) In a movie or television production for which valid permits have been issued by the department of business, economic development, and tourism pursuant to section 201-14, or for which permits have been approved by the authority having jurisdiction; and
(4) The testing, disposal, or destruction of illegal fireworks by an agency with authority to enforce this chapter. [L 1994, c 180, pt of §1; am L 2019, c 186, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-7 License or permit required.

§132D-7 License or permit required.
A person shall not:
(1) Import, store, offer to sell, or sell, at wholesale or retail, aerial devices, display fireworks, articles pyrotechnic, or consumer fireworks unless the person has a valid license issued by the county; or
(2) Possess aerial devices, display fireworks, or articles pyrotechnic without a valid license to import, store, or sell aerial devices, display fireworks, or articles pyrotechnic, or a valid display permit as provided for in this chapter. [L 1994, c 180, pt of §1; am L 2000, c 233, §7; am L 2006, c 183, §7]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display.

§132D-8.5 Importation of aerial devices, display fireworks, or articles pyrotechnic for display.
Aerial devices, display fireworks, or articles pyrotechnic shall only be imported and stored, if necessary, in an amount sufficient for an anticipated three-month inventory; provided that if a licensee under section 132D-7 provides aerial devices, display fireworks, or articles pyrotechnic for displays as allowed under section 132D-16 more than once a month, the licensee may import or store, if necessary, sufficient aerial devices, display fireworks, or articles pyrotechnic for a six-month inventory. [L 2000, c 233, §2; am L 2006, c 183, §9]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-9 Application for permit.

§132D-9 Application for permit.
The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and which contain only correct information. The permit shall specify the date of issuance or effect and the date of expiration but in no case for a period to exceed one year. The permit for the purchase of consumer fireworks for the purposes of section 132D-3 shall not allow purchase for more than one event as set forth in section 132D-3. The application shall be made on a form setting forth the dates for which the permit shall be valid, the location where the permitted activity is to occur, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The permit application may be denied if the proposed use of fireworks or articles pyrotechnic presents a substantial inconvenience to the public or presents an unreasonable fire or safety hazard. Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site. [L 1994, c 180, pt of §1; am L 2000, c 233, §9; am L 2006, c 54, §2 and c 183, §11]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-10 Permits.

§132D-10 Permits.
A permit shall be required for the purchase and use of:
(1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;
(2) Any aerial devices, display fireworks, or articles pyrotechnic for the purposes of section 132D-16 upon payment of a fee of $110; and
(3) Any consumer fireworks for the purposes of section 132D-5 or for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25. [L 1994, c 180, pt of §1; am L 2000, c 233, §10; am L 2006, c 183, §12; am L 2008, c 38, §3]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-11 Fee.

§132D-11 Fee.
(a) The fee for the license required under section 132D-7 shall be $3,000 for importers, $2,000 for each wholesaler's site, $1,000 for each storage site, and $500 for each retailer's site for each year or fraction of a year in which the licensee plans to conduct business and shall be payable to the county. The license fees shall be used solely by each county fire department to pay for the salary of an auditor of fireworks and articles pyrotechnic records and all expenses incurred to fulfill the duties required, including the inspection of inventory and storage facilities, maintenance of required records, and the training of the auditor. The auditor of fireworks and articles pyrotechnic records shall monitor strict inventory and recordkeeping requirements to ensure that sales of fireworks or articles pyrotechnic are made only to license or permit holders under this chapter. The auditor of fireworks and articles pyrotechnic records shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session detailing the inventory, recordkeeping, and sales of fireworks to license or permit holders. The county shall provide an exemption from the fees under this section to nonprofit community groups for importation and storage of fireworks or articles pyrotechnic for displays once a year.
(b) The fee for the license required under section 132D-7 shall be the fee specified in subsection (a) for each year, fraction of a year, or event in which the licensee plans to conduct business and shall be payable to the county in which the permitted activity is to occur. [L 1994, c 180, pt of §1; am L 2000, c 233, §11; am L 2006, c 183, §13; am L 2022, c 49, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-12 Sale to minors; sale by minors; prohibited.

§132D-12 Sale to minors; sale by minors; prohibited.
It shall be unlawful for any person to offer for sale, sell, or give any fireworks or articles pyrotechnic to minors, and for any minor to possess, purchase, sell, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, except as provided in section 132D-13. [L 1994, c 180, pt of §1; am L 2006, c 183, §14; am L 2008, c 38, §4]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-13 Liability of parents or guardians.

§132D-13 Liability of parents or guardians.
The parents, guardian, and other persons having the custody or control of any minor, who knowingly permit the minor to possess, purchase, or set off, ignite, or otherwise cause to explode any fireworks or articles pyrotechnic, shall be deemed to be in violation of this chapter and shall be subject to the penalties thereunder, except that the parents or guardian may allow the minor to use consumer fireworks while under the immediate supervision and control of the parent or guardian, or under the supervision and control of another adult. [L 1994, c 180, pt of §1; am L 2006, c 183, §15]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-14 Penalty.

§132D-14 Penalty.
(a) Any person:
(1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;
(2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7, or allowing an individual to possess, set off, ignite, or otherwise cause to explode any aerial device in violation of section 132D-14.5:
(A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or
(B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor;
(3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and
(4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor.
(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined no more than $5,000 for each violation. Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and no more than $5,000.
(c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.
(d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712. [L 1994, c 180, pt of §1; am L 2000, c 233, §12; am L 2006, c 183, §16; am L 2010, c 136, §3; am L 2019, c 248, §2; am L 2022, c 104, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property.

§132D-14.5 Liability of homeowner, renter, or person otherwise responsible for real property.
A homeowner, renter, or person otherwise responsible for the real property who intentionally, knowingly, or recklessly allows an individual, while on the real property, to possess, set off, ignite, or otherwise cause to explode any aerial device shall be deemed to be in violation of this chapter and shall be subject to the penalties specified in section 132D-14(a)(2) and (b). [L 2019, c 248, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-15 Notice requirements.

§132D-15 Notice requirements.
Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, and 132D-14. [L 1994, c 180, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-16.5 Labeling of display fireworks.

§132D-16.5 Labeling of display fireworks.
(a) This section shall apply to any display fireworks, articles pyrotechnic, or aerial devices used for a display.
(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 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. [L 2011, c 127, pt of §1; am L 2019, c 185, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 132D. Fireworks › 132D-16.6 Display site inspection.

§132D-16.6 Display site inspection.
Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief's county to determine compliance with the applicable county code and the current editions of the National Fire Protection Association's "NFPA 1123: Code for Fireworks Display" and "NFPA 1126: Standard for the Use of Pyrotechnics Before a Proximate Audience". An inspection fee of $200 shall be assessed by the county upon the holder of a permit for a display under section 132D-10(2), which shall be separate from the display permit fee under that section. The inspection fee shall be paid to the county in which the display will occur, and shall be used to defray the cost of the official conducting the inspection of the display setup. [L 2011, c 127, pt of §1]