In spite of opposition from the Honolulu Fire Department, a fireworks measure allowing ground-level fountains and sparklers to be lit in public on Oahu was adopted Wednesday by the City Council.
The panel voted 8-1, with Council member Matt Weyer dissenting, on the third reading for Bill 22.
That action means previously banned “consumer fireworks” can be legally sold to those with permits, during designated periods like New Year’s Eve and the Fourth of July.
Introduced by Council member Calvin Say, Bill 22 amends the city’s fire code to permit consumer fireworks that also commonly include firecrackers.
The measure also establishes requirements relating to retailers and sites licensed to import, store and sell display fireworks or firecrackers, the bill states.
The bill, however, keeps aerial fireworks illegal.
The possession and use of fountains, sparklers, aerial fireworks and other consumer fireworks has not been legally permitted on Oahu since a partial pyrotechnics ban took effect in 2011.
A firecracker permit and valid identification are required to purchase and use firecrackers. A person must be at least 18 years old to obtain a firecracker permit.
Bill 22 received business community support.
TNT Fireworks, which claims to be the largest distributor of fireworks in the United States and an importer and seller of legal consumer fireworks in Hawaii for over 50 years, is among the measure’s chief proponents.
Before the vote, Tad Trout, a TNT Fireworks partner, asked the Council to consider a few points.
“Number one, prohibition does not work,” he said, adding the bill would also allow the sale and use of “state-approved ground-based fountains and novelties that do not exceed 12 feet in height.”
“These are currently legal on all of the other islands,” Trout said. “It would not allow the aerial fireworks or the loud, illegal explosive devices that are being sold through the black market.”
He said TNT Fireworks was willing to provide a safety and education program to the public related to safe handling and use of legal fireworks.
But as it had in past hearings, HFD stood in opposition to Bill 22.
“Due to the inevitable increase in fires and medical emergencies that consumer fireworks will bring,” HFD Assistant Chief Craig Uchimura told the Council. “Our primary mission is to ensure community safety through prevention and preparedness.”
He said “continuing the ban on consumer fireworks is the most effective way to achieve this goal.”
“Statistics clearly show that the ban has led to a net decrease in the injuries, structure fires, and wildland fires,” he added. “In light of the devastation caused by the Maui fires, which resulted in the tragic loss of 102 lives, the HFD respectfully opposes Bill 22.”
“We believe that by prioritizing safety over consumer fireworks is crucial in protecting our community,” Uchimura said.
But Say replied “consumer fireworks are not the contributors to a lot of our wildfires.”
“It is what we call today the ‘illegal aerials’ that has been causing a lot of problems in the districts that we all represent,” he said. “My point is that the other three counties are already allowing it.”
In addition, Say said he believed adopting Bill 22 “would force the hand of the illegal sales in regards to aerials that is tied into the consumer fireworks.”
“That may be an attraction to people buying the other types” of fireworks, he added.
Council member Andria Tupola said she supported not only the measure but HFD as well.
“But at the same time we know that the ban currently isn’t working,” she said. “I mean Waipahu has the most beautiful fireworks show we see every year … so I think we have to get to a point where we legalize portions of it that are safe, that are responsible.”
“Because when we pass laws that we can’t enforce it breeds lawlessness and the community is frustrated,” Tupola added.
Council member Augie Tulba said he understood HFD’s concerns over the potential misuse of fireworks.
“At the end of the day, our communities want to celebrate,” he said. “People want to celebrate New Year’s Eve and the Fourth of July like we did 15 years ago, and carry on those traditions.”
He added, “I think it’s time that we find some balance so that our kids can enjoy fountains and sparklers like when we did when we were growing up.”
“Having a total ban hasn’t worked,” said Tulba. “If anything it’s fueled the black market. With this bill families will have a safe way to purchase fireworks, and it’s the responsibility of each family and constituent that we are going to handle fireworks in a safe manner.”
Weyer did not explain his vote in opposition to Bill 22.
Meanwhile, others continue to crack down on illegal fireworks.
That includes the state Department of Law Enforcement’s efforts to seize illegal aerial fireworks and other assorted, unlawful explosives at Hawaii’s harbors and piers.
Established in June 2023, DLE’s Illegal Fireworks Task Force, composed of county police officers, state narcotics agents, deputy sheriffs and federal agencies including Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, has worked to impound thousands of pounds of contraband fireworks.
In September, Uchimura told the Council HFD continues to work with the state’s Illegal Fireworks Task Force, noting that “to date, they’ve seized more than 200,000 pounds of illegal fireworks.”
