Hawaii Revised Statutes, Chapter 132D — Fireworks

Division 1. Government — Title 10. Public Safety and Internal Security

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 10 Public Safety and Internal Security

Chapter 132D Fireworks

§132D-1 Title

This chapter shall be known and may be cited as the "Fireworks Control Law".

[L 1994, c 180, pt of §1]

§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.

"Pyrotechnic composition" or "pyrotechnic contents" means the combustible or explosive component of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks.

"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.

"Serious bodily injury" means bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

"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]

§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]

§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]

§132D-5 General fireworks or articles

pyrotechnic prohibitions in the first degree. (a) It shall be unlawful for any person to:

(1) Throw, catapult, or otherwise manually propel any ignited aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(A) From, at, or into a vehicle;

(B) At a person or an animal; or

(C) From above the first floor of any building; or

(2) Set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(A) From above the first floor of any building;

(B) In any vehicle; or

(C) In any building; provided that firecrackers shall be permitted if used in accordance with sections 132D-3 and 132D-10 and all other applicable state and county laws, ordinances, and rules.

(b) Except as provided in subsections (c) and (d), the offense of general fireworks or articles pyrotechnic prohibitions in the first degree shall be a class C felony.

(c) If in the commission of the offense of general fireworks or articles pyrotechnic prohibitions in the first degree the person negligently causes substantial bodily injury to another person, the person shall be guilty of a class B felony.

(d) If in the commission of the offense of general fireworks or articles pyrotechnic prohibitions in the first degree the person negligently causes serious bodily injury or death to another person, the person shall be guilty of a class A felony.

[L 1994, c 180, pt of §1; am L 2006, c 183, §6; am L 2008, c 38, §2; am L 2025, c 243, §4]

§132D-5.1 General fireworks or articles pyrotechnic prohibitions in the second degree

(a) A person commits the offense of general fireworks or articles pyrotechnic prohibitions in the second degree if, without a permit issued pursuant to sections 132D-10 and 132D-16, the person intentionally, knowingly, or recklessly:

(1) Sets off, ignites, discharges, or otherwise causes to explode any aerial devices, articles pyrotechnic, or display fireworks:

(A) Within one thousand feet of any operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital;

(B) In any school building, or on any school grounds or yards without first obtaining authorization from appropriate school officials;

(C) On any highway, alley, street, sidewalk, other public way, or public beach;

(D) In any park or officially designated forest or wildlife preserve;

(E) Within fifty feet of a canefield;

(F) Within one thousand feet of any building used for public worship during the periods when services are held; or

(G) Within five hundred feet of any dwelling; or

(2) Throws, catapults, or otherwise manually propels ignited aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks.

(b) The state of mind requirement for the offense under subsection (a)(1)(A), (E), (F), and (G) shall not be applicable to whether the person was aware that the person was within the designated distance from an operating hospital, licensed convalescent home, licensed home for the elderly, zoo, licensed animal shelter, or licensed animal hospital; canefield; building used for public worship; or dwelling. A person shall be strictly liable with respect to the attendant circumstance that the person was within the designated distance from a prohibited place at the time of incident.

(c) Except as otherwise provided in subsections (d), (e), and (f), the offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a misdemeanor.

(d) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class C felony if the person has been convicted one or more times for any offense under this chapter within ten years of the current offense.

(e) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class B felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause substantial bodily injury to another person.

(f) The offense of general fireworks or articles pyrotechnic prohibitions in the second degree shall be a class A felony if any of the aerial devices, articles pyrotechnic, or display fireworks set off, ignited, discharged, or otherwise caused to explode in the commission of the offense cause serious bodily injury or death to another person.

(g) The state of mind requirement for subsections (e) and (f) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, or display fireworks caused the injury or death.

[L 2025, c 243, pt of §2]

§132D-5.2 Sending or receiving fireworks or articles pyrotechnic by air delivery; prohibited

(a) A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic via any form of air delivery in compliance with federal law.

(b) Except as provided in subsections (c) and (d), the offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class C felony.

(c) The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class B felony if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or

(2) The total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is five pounds or more but less than twenty-five pounds.

(d) The offense of sending or receiving fireworks or articles pyrotechnic by air delivery shall be a class A felony if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks sent or received in the commission of the offense is twenty-five pounds or more.

[L 2025, c 243, pt of §2]

§132D-5.3 Distributing fireworks or articles pyrotechnic to non-permit holder

(a) A person commits the offense of distributing fireworks or articles pyrotechnic to non-permit holder when the person, who holds a valid license required pursuant to section 132D-7, intentionally, knowingly, or recklessly distributes aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to another person who does not have a valid permit required pursuant to sections 132D-10 and 132D-16.

(b) Except as provided in subsections (c) and (d), the offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class C felony.

(c) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class B felony if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or

(2) Any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause substantial bodily injury to another person.

(d) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class A felony if any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause serious bodily injury or death to another person.

(e) The state of mind requirement for subsections (c)(2) and (d) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death.

[L 2025, c 243, pt of §2]

§132D-5.4 Removal or extraction of pyrotechnic contents; prohibited

Any person who removes or extracts the pyrotechnic contents from any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks shall be guilty of a class C felony.

[L 2025, c 243, pt of §2]

§132D-5.5 Consumer fireworks prohibitions

(a) It shall be unlawful for any person to:

(1) Purchase, possess, set off, ignite, discharge, or otherwise cause to explode any consumer fireworks without a permit required pursuant to section 132D-10; or

(2) Set off, ignite, discharge, or otherwise cause to explode any consumer fireworks at any time not within the periods for use prescribed in section 132D-3;

provided that a person licensed pursuant to sections 132D-7 and 132D-8 may purchase and possess consumer fireworks in accordance with the person's license.

(b) It shall be unlawful for any person, other than a licensed wholesaler who is distributing consumer fireworks to a licensed retailer in accordance with the person's license, to distribute consumer fireworks:

(1) More than five calendar days before the time periods for permissible use under section 132D-3; or

(2) After 12:01 a.m. on New Year's Day, 6:00 p.m. on Chinese New Year's Day, or 8:00 p.m. on the Fourth of July.

(c) The state of mind requirement for the offense under subsections (a)(2) and (b) shall not be applicable to whether the person was aware of the date or time at the time of offense, or whether the date and time of offense fell within the prohibited periods. A person shall be strictly liable with respect to the date and time of any act proven to have occurred, and with respect to the attendant circumstance that the date and time fell within the prohibited dates and times provided in subsections (a)(2) and (b).

(d) Any person who violates:

(1) Subsection (a) shall be subject to a $200 fine;

(2) Subsection (b) shall be subject to a $1,000 fine; and

(3) This section shall be subject to proceedings under chapter 291D;

provided that nothing in this section shall be construed to prohibit prosecution under section 132D-7, 132D-8.6, or any other provision under this chapter.

[L 2025, c 243, pt of §2]

§132D-6 Exceptions

The prohibitions in sections 132D-5, 132D-5.1, and 132D-5.4 shall not apply to:

(1) The use of flares, noisemakers, or signals for warning or 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 aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(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 any fireworks or articles pyrotechnic by an agency with authority to enforce this chapter.

[L 1994, c 180, pt of §1; am L 2019, c 186, §2; am L 2025, c 243, §5]

§132D-7 License or permit required

A person shall not:

(1) Import, store, or distribute, including at wholesale or retail, any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks unless the person has a valid license issued pursuant to this chapter; or

(2) Possess any aerial devices, articles pyrotechnic, or display fireworks without a valid license to import, store, or distribute aerial devices, articles pyrotechnic, or display fireworks, or a valid display permit issued pursuant to this chapter.

[L 1994, c 180, pt of §1; am L 2000, c 233, §7; am L 2006, c 183, §7; am L 2025, c 243, §6]

§132D-8 Application for license

(a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, 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 application for a license to import display fireworks, articles pyrotechnic, or aerial devices shall include written documentation of the proposed display event and related contact information in a form prescribed by the applicable county. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years.

(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage or distribution are to begin, the address of the location of the licensee, 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. Any license issued pursuant to this chapter may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in a manner that presents an unreasonable safety hazard.

(c) Permanent and temporary fireworks storage buildings or structures and buildings or facilities where redistribution activities are performed shall comply with the currently adopted county building or fire codes or the latest edition of nationally recognized standards.

(d) It shall be unlawful for any licensee, other than a licensed wholesaler who is distributing fireworks or articles pyrotechnic to a licensed retailer pursuant to the person's license, to distribute any fireworks or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by sections 132D-10 and 132D-16. The permit shall be signed by the seller or transferor at the time of distribution of the fireworks or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic distributed. No person shall distribute fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit to have been previously purchased; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3.

(e) Aerial devices, display fireworks, or articles pyrotechnic shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer aerial devices, display fireworks, or articles pyrotechnic to any other person.

(f) Any license issued pursuant to this chapter shall be prominently displayed in public view at each licensed location.

(g) A licensee under this chapter shall be deemed to have consented to allow the director or the director's designee to inspect the premises of the licensee, except the licensee's private residence. If a licensee withdraws consent to inspect the premises of the licensee, the license shall be revoked.

[L 1994, c 180, pt of §1; am L 2000, c 233, §8; am L 2006, c 183, §8; am L 2011, c 127, §4; am L 2014, c 11, §2; am L 2024, c 208, §4; am L 2025, c 243, §7]

§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]

§132D-8.6 Requirements of licensee

(a) Any person who has obtained a license required pursuant to section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

(1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

(3) Before shipment and when booking each shipment of fireworks or articles pyrotechnic notify the state fire marshal regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(C) Pier to redistribution;

(4) Before booking the shipment, provide to the state fire marshal:

(A) Written documentation regarding the proposed display event or events and related contact information to allow the state fire marshal to validate the importation of a three-month or six-month inventory under section 132D-8.5; and

(B) An inventory breakdown for each proposed display; and

(5) At the time shipping is booked, the importer or consignee shall notify the state fire marshal in writing of the expected shipment's landing date; provided that:

(A) Notifications shall be made through a system designated by the state fire marshal; and

(B) If a licensee fails to notify the state fire marshal two or more times within one year of the issuance of a license, the license may be revoked.

(b) The department of law enforcement or fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic or any facility in which fireworks or articles pyrotechnic are to be stored.

(c) The facility in which fireworks or articles pyrotechnic are to be stored shall:

(1) Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and

(2) Meet all state and county fire and safety codes.

(d) Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

(1) The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;

(2) The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D-7; or

(3) The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).

(e) No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks commonly known as firecrackers in a packet size larger than five thousand individual units. Any person violating this subsection shall be guilty of a misdemeanor.

(f) Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

(1) Twenty-five pounds or less gross weight shall be a petty misdemeanor;

(2) Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

(3) Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and

(4) More than ten thousand pounds gross weight shall be a class B felony.

[L 2000, c 233, §3; am L 2006, c 183, §10; am L 2011, c 127, §5; am L 2024, c 208, §5; am L 2025, c 243, §8]

§132D-8.7 Requirements of carrier

(a) Any carrier or person shipping aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks:

(1) Into the State shall notify the appropriate county official and designated state law enforcement agencies at the time the booking is made and, in any case, no later than fourteen days before arrival into the State; or

(2) Interisland within the State shall notify the appropriate county official and designated state law enforcement agencies at the time the booking is made and, in any case, no later than five days before departing from the island of origin;

provided that the notification shall include, when applicable, the container identification number, manifest, bill of lading, consignee, freight forwarder, sailing vessel name, route number, date of departure, and estimated date of arrival.

(b) For a first offense, or any offense not committed within five years of a prior judgment for the State under this section, the carrier or person shall be subject to a $1,000 fine.

(c) For a second offense committed within five years of a prior judgment for the State under this section, the carrier or person shall be subject to a $2,000 fine.

(d) For a third or subsequent offense committed within five years of two or more prior judgements for the State under this section, the carrier or person shall be subject to a $5,000 fine.

(e) All violations of this section shall be subject to proceedings under chapter 291D. Nothing in this section shall be construed to prohibit criminal prosecution under section 132D-8.6 or any other section of this chapter.

[L 2025, c 243, pt of §2]

§132D-9 Application for permit

(a) The permit required under section 132D-10 or 132D-16 shall be issued by the county or its authorized designees and shall be nontransferable. The county or its authorized designees shall issue all permits for which complete applications have been submitted and that 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.

(b) Any permit issued pursuant to this chapter shall be prominently displayed in public view at the site.

(c) A permittee under this chapter shall be deemed to have consented to allow the director or the director's designee to inspect the premises of the permittee, except the permittee's private residence. If a permittee withdraws consent to inspect the premises of the permittee, the permit shall be revoked.

[L 1994, c 180, pt of §1; am L 2000, c 233, §9; am L 2006, c 54, §2 and c 183, §11; am L 2024, c 208, §6]

§132D-10 Permits

(a) 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, articles pyrotechnic, or display fireworks for the purposes of section 132D-16 upon payment of a fee of $110; and

(3) Any consumer fireworks 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.

(b) Each person may purchase a maximum of fifty permits per year; provided that this limit shall not apply to permits issued under subsection (a)(2); provided further that nothing in this section shall prohibit a county from enacting ordinances more stringent than this section for permits issued under subsection (a)(1) or (3).

[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; am L 2025, c 243, §9]

§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]

§132D-12 Distribution to minors; prohibited

(a) It shall be unlawful for any person to distribute any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to minors, except as provided in section 132D-13.

(b) Any person who violates this section shall be guilty of a class C felony.

[L 1994, c 180, pt of §1; am L 2006, c 183, §14; am L 2008, c 38, §4; am L 2025, c 243, §10]

§132D-13 Liability of parents or guardians

(a) Except as provided in subsection (b), it shall be unlawful for a parent, guardian, or other person having the custody or control of any minor to knowingly permit the minor to:

(1) Possess or purchase any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks; or

(2) Set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks.

(b) The parent 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 immediate supervision and control of another adult.

(c) Separate and apart from any civil liability that may result from this or any related incident, and except as provided in subsections (d) and (e), the violation of subsection (a) shall be a misdemeanor.

(d) If any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks set off, ignited, discharged, or otherwise caused to explode in violation of subsection (a)(2) cause substantial bodily injury to another person, the violation of subsection (a) shall be a class C felony.

(e) If any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks set off, ignited, discharged, or otherwise caused to explode in violation of subsection (a)(2) cause serious bodily injury or death to another person, the violation of subsection (a) shall be a class B felony.

(f) The state of mind requirement for subsections (d) and (e) shall not be applicable to whether the person was aware that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death.

[L 1994, c 180, pt of §1; am L 2006, c 183, §15; am L 2025, c 243, §11]

§132D-14 Penalty

(a) Except as provided in subsections (b) and (c), any person:

(1) Importing, storing, or distributing aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks without having a valid license as required pursuant to section 132D-7:

(A) Shall be guilty of a class C felony; and

(B) Notwithstanding subparagraph (A), if the total weight of the aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks is twenty-five pounds or more, shall be guilty of a class B felony; and

(2) Purchasing, possessing, setting off, igniting, discharging, or otherwise causing to explode aerial devices, articles pyrotechnic, or display fireworks without a valid permit required pursuant to sections 132D-10 and 132D-16:

(A) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is fifty pounds or more, shall be guilty of a class B felony;

(B) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is twenty-five pounds or more, shall be guilty of a class C felony;

(C) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is five pounds or more, shall be guilty of a misdemeanor; and

(D) If the total weight of the aerial devices, articles pyrotechnic, and display fireworks is less than five pounds or if the total weight cannot be determined, shall be fined $300 and subject to proceedings under chapter 291D.

(b) Any person who would otherwise be subject to sentencing for a criminal offense 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, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection (a) cause substantial bodily injury to another person.

(c) Any person who would otherwise be subject to sentencing for a criminal offense 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, consumer fireworks, or display fireworks imported, stored, distributed, purchased, possessed, set off, ignited, discharged, or otherwise caused to explode in the commission of the offense under subsection (a) cause serious bodily injury or death to another person; provided that for an offense already classified as a class B felony, the person shall be guilty of a class A felony.

(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, consumer fireworks, or display fireworks 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, consumer fireworks, or display fireworks caused the injury or death.

(e) Except as provided in subsection (a), (b), or (c), or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be guilty of a violation and fined no less than $500 and no more than $5,000 for each violation.

(f) The court shall collect the fines imposed in subsections (a), (b), (c), and (e), 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.

(g) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) 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; am L 2024, c 208, §7; am L 2025, c 243, §12]

§132D-14.5 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.

[L 2019, c 248, §1; am L 2025, c 243, §13]

§132D-15 Notice requirements

Each licensed retail outlet shall post adequate notice that clearly cautions each person purchasing consumer fireworks of the prohibitions, liabilities, and penalties incorporated in sections 132D-12, 132D-13, 132D-14, and 132D-5.5.

[L 1994, c 180, pt of §1; am L 2025, c 243, §14]

§132D-16 Permit for display

(a) Any person desiring to set off, ignite, or discharge aerial devices, display fireworks, or articles pyrotechnic for a display shall apply to, and obtain a permit as required by section 132D-10, from the county not less than twenty days before the date of the display.

(b) The application shall state, among other things:

(1) The name, age, and address of the applicant;

(2) The name, age, and address of the person who will operate the display, and verification that the person is a licensed pyrotechnic operator;

(3) The time, date, and place of the display;

(4) The type and quantity of aerial devices, display fireworks, or articles pyrotechnic to be displayed; and

(5) The purpose or occasion for which the display is to be presented.

(c) No permit shall be issued under this section unless the applicant presents, at the applicant's option, either:

(1) A written certificate of an insurance carrier, which has been issued to or for the benefit of the applicant, or a policy providing for the payment of damages in the amount of not less than $5,000 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 $10,000 for injury to, or death of, two or more persons; and in the amount of not less than $5,000 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; 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 $10,000 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.

The county may require coverage in amounts greater than the minimum amounts set forth in paragraph (1) or (2) if deemed necessary or desirable in consideration of such factors as the location and scale of the display, the type of aerial devices, display fireworks, or articles pyrotechnic to be used, and the number of spectators expected.

(d) The county, pursuant to duly adopted rules, shall issue the permit after being satisfied that the requirements of subsection (c) have been met, the display will be handled by a pyrotechnic operator duly licensed by the State, the display will not be hazardous to property, and the display will not endanger human life. 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 1994, c 180, pt of §1; am L 2000, c 233, §13; am L 2006, c 183, §17; am L 2007, c 9, §5]

§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]

§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]

§132D-16.7 Display stop order

A county fire chief is authorized to immediately revoke or suspend any permit issued under section 132D-16 for display of display fireworks, articles pyrotechnic, or aerial devices within the fire chief's county for the following reasons:

(1) Adverse climatic or atmospheric conditions;

(2) The issuance of red flag warnings; or

(3) Any other conditions determined to make the display potentially hazardous to persons or property.

[L 2011, c 127, pt of §1]

§132D-17 Repealed

[Repealed]

[L 2010, c 170, §2]

§132D-17.5 County ordinances

(a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks as the law under this chapter.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks than this chapter.

[L 2010, c 170, §1; am L 2025, c 243, §15]

§132D-18 Effect on other laws

Nothing in this chapter shall be construed to apply to the possession, storage, sale, or use of explosives and combustibles in accordance with chapter 396.

[L 1994, c 180, pt of §1]

§132D-19 Repealed

[Repealed]

[L 2000, c 233, §17]

§132D-20 Enforcement; probable cause for arrest

(a) This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter.

(b) Arrests for offenses under this chapter or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish probable cause for an arrest may include but are not limited to:

(1) Statements from individuals who witnessed the offense, even if those individuals are not law enforcement officers; and

(2) Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses.

(c) Video recordings or other recordings made by a law enforcement agency using, controlling, or operating an unmanned aerial vehicle may be used to establish probable cause pursuant to chapter 803 for an arrest if:

(1) The unmanned aerial vehicle is recording directly above a public park, street, sidewalk, or easement, or any public property; and

(2) The act leading to the arrest is committed on a public park, street, sidewalk, or easement, or any public property.

(d) For the purposes of this section:

"Other recording" includes any photograph or a video made using an unmanned aerial vehicle.

"Unmanned aerial vehicle" means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. "Unmanned aerial vehicle" does not include a remote-controlled airplane.

[L 1994, c 180, pt of §1; am L 2000, c 233, §15; am L 2019, c 248, §3; am L 2024, c 208, §8; am L 2025, c 244, §1]

§132D-20.5 Refusal to provide identification

(a) Except as provided in subsection (b), any person detained for violating this chapter shall provide the person's name and current mailing address, or any proof thereof, upon the lawful order or direction of any law enforcement officer in the course and scope of the officer's duties to enforce this chapter.

(b) If the law enforcement officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name or address, the person shall provide proof thereof, upon the lawful order or direction of the law enforcement officer.

(c) Refusal to provide identification pursuant to this section shall be a petty misdemeanor.

[L 2025, c 243, pt of §2]

§132D-21 Health care facilities; report of fireworks and articles pyrotechnic incidents

(a) Health care facilities in this State shall report all incidents of serious injuries and fatalities caused by legal and illegal aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to the department of health and the police department of the county in which the person was attended or treated. All reports shall be in writing or in the manner specified by the department of health.

(b) As used in this section, "health care facilities" includes any outpatient clinic, emergency room, or physician's office, private or public, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care to any person or persons. "Health care facilities" includes but is not limited to health care facilities that are commonly referred to as hospitals, extended care and rehabilitation centers, nursing homes, skilled nursing facilities, intermediate care facilities, hospices for the terminally ill that require licensure or certification by the department of health, kidney disease treatment centers, including freestanding hemodialysis units, outpatient clinics, organized ambulatory health care facilities, emergency care facilities and centers, home health agencies, health maintenance organizations, and others providing similarly organized services regardless of nomenclature.

[L 2000, c 117, §1; am L 2006, c 183, §19; am L 2025, c 243, §16]

§132D-22 Entry onto premises; inspection of premises, books, and records; obstructing inspector operations; penalty

(a) Any inspector may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify compliance with this chapter and the conditions of the license or permit.

(b) Upon a request by any inspector to enter and inspect the premises of a licensee or permittee at reasonable hours, the licensee, the permittee, or an employee of the licensee or permittee shall make the premises and all relevant books and records therein available for immediate inspection and examination.

(c) Any licensee or permittee who refuses the inspector entry or access to the premises, books, or records shall be in violation of the conditions of the license or permit. After a hearing, the issuing department shall suspend or revoke the license or permit for refusing entry or access or for violations of any other requirement or condition of the license or permit or any provision of this chapter or rule adopted pursuant to this chapter. The issuing department shall provide the licensee or permittee with a written notice and order describing the basis for the suspension or revocation. Any person aggrieved by the suspension or revocation determination may request a contested case hearing pursuant to chapter 91. To request a contested case hearing, the person shall submit a written request to the issuing department within thirty calendar days of the date of the notice and order of the suspension or revocation. Appeal to the circuit court under section 91-14, or any other applicable statute, shall only be taken from the issuing department's final order pursuant to a contested case.

(d) Any licensee, permittee, employee of a licensee or permittee, or other person who:

(1) Threatens with the use of violence, force, or physical interference or obstacle, or hinders, obstructs, or prevents any inspector, or any person assisting an inspector, from entering into the premises of the licensee or permittee; or

(2) Opposes, obstructs, or molests an inspector in the inspector's enforcement of this chapter,

shall be guilty of a misdemeanor, punishable by a fine of no more than $2,000 or imprisonment for no more than one year, or both.

(e) If any inspector having demanded admittance onto the premises of a licensee or permittee and declared the inspector's name and office, is not admitted by the licensee, permittee, or person in charge of the premises, the inspector may use force to enter the premises.

(f) For purposes of this section:

"Inspector" means any county fire department officer, including firefighters.

"Premises of a licensee or permittee" does not include the licensee's or permittee's private residence or a dwelling that is considered to be the person's dwelling, including a single-family house, apartment unit, condominium, townhouse, or cooperative unit.

[L 2024, c 208, pt of §2; am L 2025, c 243, §17]

§132D-23 Administrative inspections; controlled premises

(a) The director or the director's designee may conduct administrative inspections of controlled premises after presenting appropriate credentials to the licensee, permittee, other persons subject to this chapter, or their agents; provided that:

(1) Inspections of controlled premises shall be at reasonable times, within reasonable limits, and conducted in a reasonable manner to verify compliance with this chapter and the conditions of the license or permit;

(2) The director or the director's designee, without a warrant, shall have access to, and may copy, any records, books, logs, or documents relevant to the holding, storage, transportation, sale, possession, or disposition of fireworks or articles pyrotechnic regulated under this chapter;

(3) The director or the director's designee may inventory the stock of any fireworks or articles pyrotechnic regulated under this chapter and secure samples or specimens of any fireworks or articles pyrotechnic not seized as evidence by paying for the sample or specimen. The director or the director's designee shall make or cause to be made examinations of samples or specimens secured under this paragraph to verify compliance with this chapter or the conditions of the license or permit; and

(4) The regulatory authority under this chapter shall remain with the county fire departments. The director or the director's designee conducting these inspections shall aid the county fire departments in enforcing the departments' regulatory authority.

(b) For purposes of this section, "controlled premises" means a place where any persons licensed or permitted under this chapter are required to keep records and authorized to hold, store, transport, sell, possess, or otherwise dispose of fireworks or articles pyrotechnic. "Controlled premises" includes factories, warehouses, establishments, businesses, storefronts, vehicles, and conveyances.

[L 2024, c 208, pt of §2]

§132D-24 Recordkeeping requirements

(a) A person having a license or permit issued under this chapter to hold, store, transport, sell, possess, or otherwise dispose of fireworks or articles pyrotechnic shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of this chapter.

(b) Each licensee and permittee shall create and keep for five years a record of all fireworks or articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed of, in that year, including the amounts of fireworks or articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed.

(c) Records required under this section shall be maintained separately in a file, log book, or electronic database that is readily accessible by the licensee or permittee.

(d) All records pertaining to the receipt, importation, storage, distribution, sale, possession, and disposal of fireworks or articles pyrotechnic shall be produced and made available upon request by the director, county fire chiefs, or their designees.

[L 2024, c 208, pt of §2]

§132D-25 Mandatory reporting requirements

(a) Notwithstanding any other law requiring confidentiality, a licensee or permittee who, in the licensee's or permittee's professional or official capacity, has reason to believe that fireworks or articles pyrotechnic in the licensee's or permittee's inventory have been stolen, embezzled, or otherwise obtained by fraud or diversion shall immediately make a verbal report of the matter to the director and county fire chief of the county in which the licensee or permittee resides or conducts business.

(b) The licensee or permittee shall submit a written report to the director and county fire chief of the county in which the licensee or permittee resides or conducts business as soon as practicable following the verbal report. The written report shall contain:

(1) The name and address of the suspected perpetrator, if known;

(2) The nature and extent of the theft, embezzlement, fraud, or diversion; and

(3) Any other information that the licensee or permittee believes may be helpful or relevant to the investigation of the theft, embezzlement, fraud, or diversion.

(c) Upon demand of the director or county fire chief of the county in which the licensee or permittee resides or conducts business, any person subject to subsection (a) shall provide all information related to the alleged incident of theft, embezzlement, fraud, or diversion, including records, reports, and any image, film, video, or other electronic medium, that was not included in the written report submitted pursuant to subsection (b).

(d) This section shall not be construed to provide a basis for a cause of action against the director, department of law enforcement, county fire chief, or county fire departments.

(e) Any person subject to this section who knowingly prevents another person from complying with the mandatory reporting requirements of this section or who knowingly fails to provide information as required by this section shall be guilty of a misdemeanor.

[L 2024, c 208, pt of §2]

§132D-26 Disposal of confiscated fireworks or articles pyrotechnic

Any law enforcement agency or county fire department that confiscates prohibited fireworks or articles pyrotechnic pursuant to this chapter may safely destroy or dispose of the confiscated fireworks or articles pyrotechnic; provided that the law enforcement agency or county fire department shall retain a sample or specimen of each type of confiscated firework or article pyrotechnic for evidentiary purposes.

[L 2024, c 208, pt of §2]

§132D-27 Storage and disposal fine

(a) In any administrative, civil, or criminal action to enforce this chapter, after providing notice and an opportunity for hearing, the agency or a court hearing the action shall hold any party violating this chapter liable for the total amount of any costs incurred by the agency or agencies for the storage and disposal of confiscated or seized fireworks or articles pyrotechnic.

(b) An administrative or civil order to pay a storage and disposal fine may be collected in the same manner as a judgment in a civil action. An agency or agencies may collect the full amount of the storage and disposal fine together with any costs, interest, and attorney's fees incurred in any action to enforce the order to pay.

[L 2024, c 208, pt of §2]