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The Honolulu Advertiser
Posted on: Friday, February 6, 2009

Bills to ban fireworks statewide put on hold

By Peter Boylan
Advertiser Staff Writer

The state House Public Safety committee yesterday deferred two bills to ban consumer fireworks statewide, giving legislators more time to consider allowing fireworks for religious or cultural purposes.

State Rep. Roy Takumi, D-36th (Pearl City, Momilani, Pacific Palisades) introduced two bills, one that would ban consumer fireworks statewide and another that would ban them "in counties with more than 500,000 people," meaning O'ahu.

Takumi has said he has tried eight or nine times to pass legislation seeking a total ban on consumer fireworks on O'ahu. State law now allows people to buy firecrackers with a permit, while items such as sparklers and ground bloom flowers may be bought without a permit. Aerial fireworks are illegal except in sanctioned, professional public displays.

Honolulu firefighters, police and the city Prosecutor's Office took varying stances on the bills in testimony submitted to the committee, with some pushing for a total ban while others wanted to add exceptions.

Honolulu police support a total ban and said pyrotechnics should be left to the professionals. Police Maj. Michael K.S. Moses wrote that the police department, firefighters and Emergency Medical Services personnel respond to many fireworks-related calls.

"These calls for service put a tremendous strain on the resources of all emergency service providers," Moses wrote. "Injuries or deaths due to fireworks-related incidents are a concern along with the hazards they present to individuals with respiratory problems."

The Honolulu Fire Department supports a statewide ban, but wants to include an exception for religious and cultural practices. "Display fireworks used by trained, licensed professionals are a suitable alternative for the public to enjoy fireworks without the risk of injury or death," Fire Chief Kenneth Silva said.

City Prosecutor Peter Carlisle, in written testimony, said, "We would support some kind of ban on fireworks use, but believe that a full discussion should be had to determine whether there should be a complete statewide ban or a ban in certain counties."

The City Council has repeatedly asked the Legislature to allow the counties adopt stricter regulation of fireworks, making requests in 1995, 1997, 1999, 2000, 2001 and 2005. Each time the efforts failed. City Councilman Charles K. Djou has proposed a city resolution asking the state to allow the counties to exercise control over fireworks laws.

The latest push to ban fireworks comes after a holiday season in which fireworks-related complaints decreased.

In 2008, there were 24 probable fireworks-related blazes on O'ahu, including two minor brushfires, with the bulk of them coming on New Year's Eve, according to the Honolulu Fire Department. That's down from 57 fireworks-related fires, including four brushfires, in 2007 and 61 in 2006.

Police also saw fewer fireworks-related complaints at the end of 2008. From Dec. 26 to Jan. 2, Honolulu police said they responded to 1,361 fireworks-related calls. That was down from the 1,566 calls during the same period the previous holiday season, although police attribute the drop to frustration that complaints were not easing the problem.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.