HRS §132D-14.5
When property owners are liable for fireworks on their property
This section makes property owners, renters, or others responsible for property guilty of crimes if they allow fireworks to be used or stored on the property without the required permits or licenses. The crime is more serious if the person has prior fireworks offenses or if the fireworks cause injury or death. The law applies even if the person did not know the fireworks would cause harm.
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The statute, as written — Liability of homeowner, renter, or person otherwise responsible for real property
(a) Except as provided in subsections (b) and (c), a homeowner, renter, or person otherwise responsible for real property who intentionally, knowingly, recklessly, or negligently: (1) Allows an individual, while on the real property, to possess, set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, or display fireworks without a permit issued pursuant to this chapter shall be guilty of a petty misdemeanor; (2) Allows any aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition to be stored in the real property without a license issued pursuant to this chapter shall be guilty of a misdemeanor; and (3) Notwithstanding paragraph (2), allows any aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition to be stored in the real property, if the total weight of the aerial devices, articles pyrotechnic, display fireworks, and pyrotechnic composition is twenty-five pounds or more without a license issued pursuant to this chapter, shall be guilty of a class C felony . (b) Any person who would otherwise be subject to sentencing under subsection (a) shall be guilty of an offense one class or grade higher, as the case may be, than that provided in subsection (a) if: (1) The person has been convicted one or more times for any offense under this chapter within ten years of the instant offense; or (2) Any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition possessed, set off, ignited, discharged, otherwise caused to explode, or stored in violation of subsection (a) cause substantial bodily injury to another person. (c) Any person who would otherwise be subject to sentencing under subsection (a) shall be guilty of an offense two classes or grades higher, as the case may be, than that provided in subsection (a) if any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition possessed, set off, ignited, discharged, otherwise caused to explode, or stored in violation of subsection (a) cause serious bodily injury or death to another person. (d) The state of mind requirement for subsections (b) and (c) shall not be applicable to whether the person was aware that any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition caused or would cause the injury or death. A person shall be strictly liable with respect to the attendant circumstance that the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition caused the injury or death.
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