Aerial devices, display fireworks, and articles pyrotechnic

(a) Aerial devices, display fireworks, and articles pyrotechnic may be purchased, set off, ignited, discharged, or otherwise caused to explode only for display and if permitted in writing pursuant to this section. (b) Aerial devices, display fireworks, and articles pyrotechnic shall be set off, ignited, discharged, or otherwise caused to explode only from 9:00 a.m. to 9:00 p.m. The fire chief may extend this time period for special events. Applicants shall submit requests for extension of the time period in writing, stating the reason for the extension, and the length of extension requested. The time restriction established in this subsection shall not apply to aerial devices, display fireworks, and articles pyrotechnic set off, ignited, discharged, or otherwise caused to explode within the County solely as part of a movie or television production. (c) No aerial devices, display fireworks, or articles pyrotechnic shall be set off, ignited, discharged or otherwise caused to explode within areas zoned residential or agricultural. (d) Display permit applications shall be in writing, signed by the applicant and include the following: (1) The name, age, and address of the applicant; (2) The name, age, and address of the person who will operate the display, and a current photo copy of pyrotechnic operator’s certificate of fitness, issued by the State of Hawai‘i; SUPP. 20 (7-2026) 17-14 FIRE § 17-2-44 (3) The time, date, physical address, and plot plan of the display site, of the display including distances between the location where the display will take place and buildings, spectators, roadways, and special hazards; (4) A complete inventory of the type and quantity of aerial devices, display fireworks, and articles pyrotechnic to be purchased, set off, ignited, discharged, or otherwise caused to be exploded, including product size, type, and amount; (5) The purpose or occasion for the display; (6) Letter of approval from the property owner of the physical address where the display will take place that authorizes the discharge of aerial devices, display fireworks, or articles pyrotechnics for display on this property; (7) Copy of applicant’s insurance policy or surety bond as required in subsection (e); and (8) Approved permits from the following agencies if applicable: (A) Department of land and natural resources land division; (B) Department of land and natural resources boating and ocean recreation division; (C) United States Coast Guard; and (D) Federal Aviation Agency. (e) No display permit shall be issued unless the applicant presents, at the applicant’s option, either: (1) A written certificate of an insurance carrier or a policy, which has been issued to or for the benefit of the applicant, providing for the payment of damages in the amount of not less than $250,000 for injury to, or death of, any one person, and subject to the foregoing limitation for one person; in the amount of not less than $500,000 for injury to, or death of, two or more persons; and in the amount of not less than $100,000 for damage to property, caused by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee’s agents, employees, or subcontractors. The certificate shall state that the policy is in full force and effect and will continue to be in full force and effect for not less than ten days after the date of the display. The County of Hawai‘i, its officers, agents, employees, and affiliates, shall be listed as an additional insured on the insurance certificate; or (2) The bond of a surety company duly authorized to transact business within the State, or a bond with not less than two individual sureties who together have assets in the State equal in value to not less than twice the amount of the bond, or a deposit of cash, in the amount of not less than $500,000 conditioned upon the payment of all damages that may be caused to any person or property by reason of the authorized display and arising from any tortious acts or negligence of the permittee, the permittee’s agents, employees, or subcontractors. The security shall continue to be in full force and effect for not less than ten days after the date of the display. 17-15 SUPP. 20 (7-2026) (f) The department may require coverage in amounts greater than the minimum amounts set forth in subsection (e) of this section if deemed necessary or desirable in consideration of such factors as: (1) Location and scale of the display; (2) Type of aerial devices, display fireworks, or articles pyrotechnic to be used; and (3) Number of spectators expected. (g) The nonrefundable fee for this permit shall be $110 for each event, payable to the director of finance, and must be submitted with the application. (h) An application for a display permit shall be submitted to the department not less than twenty calendar days before the proposed date of the display. All items required to be included with the permit application shall accompany the application at time of submittal. (i) Prior to the issuance of a display permit and at the discretion of the department, an inspection of the proposed firing area may be required. Inspections, when conducted, shall ascertain compliance with National Fire Protection Association Standards 1123 entitled “Outdoor Display of Fireworks” or 1126 entitled, “Pyrotechnics Before a Proximate Audience,” 2011 Edition, which are incorporated herein by reference. (j) A site inspection fee of $200 shall be assessed for each display event. For multi- day events, each day shall constitute a separate event and require payment of a separate site inspection fee. (k) A display permit or a request for an extension of the time period for a display permit may be issued by the department if the requirements imposed by this article and chapter 132D, Hawai‘i Revised Statutes are met. The permit shall authorize the holder to display aerial devices, display fireworks, or articles pyrotechnic only at the place and during the time set forth therein, and to acquire and possess the specified aerial devices, display fireworks, or articles pyrotechnic between the date of the issuance of the permit and the time during which the display of those aerial devices, display fireworks, or articles pyrotechnic is authorized. (l) The applicant shall be notified in writing whether the display permit has been approved or denied within ten working days after receipt of application. (m) If required by the department, written notification of an upcoming display shall be given to all area residents within one thousand feet of the firing site. The display operator shall be responsible for issuing the notification. (n) Notwithstanding the foregoing, any display permit issued by the department may be revoked or suspended immediately by the department for the following reasons: (1) The climatic, atmospheric, or other conditions on the date of the proposed firing may reasonably be believed to make the use of aerial devices, display fireworks, or articles pyrotechnic hazardous to persons or property; (2) A Red Flag Warning that affects the location of the display has been issued by the National Weather Service; or SUPP. 20 (7-2026) 17-16 FIRE § 17-2-44 (3) Any requirement imposed by this article or chapter 132D, Hawai‘i Revised Statutes, or any condition of the permit necessary to minimize the danger to persons or property is not met. (o) A post-display report shall be submitted to the department within five days after the display. (2016, ord 16-107, sec 3; am 2023, ord 23-8, sec 2.) 17-2-44