Updated at 12:48 p.m., Friday, July 27, 2007
Hawaii lawmakers open to county limits on fireworks
By EDWIN TANJI
The Maui News
The committee also supported a proposal to provide additional funding to county fire departments to purchase equipment needed to battle wildfires, an issue that affects all of the counties, McKelvey said.
McKelvey is not a member of the committee, but said Finance Chairman Marcus Oshiro agreed to include a tour of the Olowalu-Launiupoko area that was burned by a fire that broke out June 27 as part of a committee tour of Maui County.
The fire destroyed a home and farm in Olowalu and damaged several properties in the Makila agricultural subdivision at Launiupoko. While the cause of the Olowalu fire is still undetermined, two other recent brush fires in West Maui and Upcountry are reported to have been ignited by children playing with fireworks.
McKelvey said Oshiro is drafting a bill that would provide additional funding to the counties for fighting wildland fires. As the committee members toured the wasteland of ashes and dead trees left by the Olowalu wildfire, McKelvey said he was able to remind them of the effort put out by Maui County firefighters.
"They had to put all their resources into fighting this fire and now we are asking for their support for funding to help the fire department have all the equipment it needs so it can respond to future wildfires," McKelvey said.
He said members of the committee, such as Rep. Karen Awana, whose Leeward O'ahu district includes Maile and Nanakuli, understand the issues affecting West Maui including the persistent problem of brush fires on open lands around the community and the impact on the community when its only highway is cut off by a fire or other emergency.
McKelvey said he is refining a bill he is drafting that would seek to give counties the authority to limit or prohibit use of fireworks, seeking to amend current state law that allows fireworks and firecrackers to be used by the public on three days New Year's Eve, Chinese New Year and the Fourth of July.
Based on presentations to the committee by Maui County fire prevention Capt. Val Martin, McKelvey said his bill would seek to allow fire chiefs to prohibit fireworks in areas affected by drought.
But McKelvey said he also supports amending state law to allow the county councils and mayors to ban fireworks within their counties.
"I would like to allow the counties to prohibit fireworks. I think that's something we still need to explore. It is a home rule issue that I just want to raise," he said.
McKelvey said a limited restriction that allows sales of fireworks within a county, while giving a fire chief authority to bar use in regions affected by droughts, creates an enforcement concern.
"If the fire chief issued a ban on fireworks in Lahaina, police could issue citations for violations, but is that practical?" he said.
Maui County information officer Mahina Martin said the county would support changing state law to allow each county to determine whether to allow fireworks.
"The county would consider a ban on fireworks in the name of public safety," she said. "We could allow appropriate use of fireworks for cultural purposes."
There is a continuing concern that illegal use of fireworks is causing some of the fires that have damaged property and threatened homes.
Maui County previously had a countywide ban on firecrackers, although nonexplosive fireworks were allowed. The Legislature in 2000 approved a law providing for use of fireworks and firecrackers statewide, with a requirement for consumers to have permits to purchase and burn firecrackers.
Mahina Martin said the county supports McKelvey's efforts to restore county authority to restrict fireworks.
"We appreciate his enthusiasm and his efforts to support the county in the Legislature," she said.
McKelvey said his fellow legislators would not support any statewide ban on fireworks, but appeared to be willing to allow each county to have its own laws on restricting fireworks.
"It's a prickly issue," he said. "One size doesn't fit all in this case. But why should Maui County have to live with what another county is willing to allow?"
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