New Honolulu Fireworks Measure Explodes

“The mayor has his justifications on the veto, but I thought that it was a very simple measure, meaning it’s not those types of fireworks that cause the trouble as far as fires.”

Calvin Say Council member The Honolulu City Council’s approval of a fireworks measure earlier this month officially exploded last week.

Bill 22, adopted by a majority of the Council in early October to allow ground-level fountains and sparklers to be lit in public on Oahu, was vetoed Oct. 25 by Mayor Rick Blangiardi.

The Council is weighing its options, including a possible veto override.

Citing the Honolulu Fire Department’s prior opposition to the measure, Blangiardi asserted Bill 22’s enactment by the Council risked public safety.

The mayor claimed he could not support the bill that seeks to amend the city’s fire code by exempting “consumer fireworks ” from permit requirements when used during designated periods, “essentially repealing the ban on consumer fireworks established by Ordinance 10-25 in 2010.”

“The years since the enactment of Ordinance 10-25 has provided (HFD ) with important information illustrating the dramatic decline of fireworks-related injuries and fireworks-related fires after the ban went into effect, ” Blangiardi said in a written message to the Council.

“The data that HFD presented clearly indicates that existing consumer fireworks laws lowered the risk of structure and wildland fires in communities across Oahu, and we do not believe that relaxing those laws will have any positive impact on the proliferation of illegal aerial fireworks, ” he wrote.

“Each year we witness the devastating impacts caused by fireworks, and our efforts should focus on lowering these risks and increasing efforts in protecting the health and safety of our communities and first responders, ” he wrote.

“Given (HFD’s ) strong opposition, and with an eye toward increasingly drier weather conditions and ever-worsening wildfire concerns, I stand in support of our firefighters and first responders and cannot in good conscience allow Bill 22 to become law, ” the mayor wrote. “For these reasons, I am returning Bill 22 with my veto, and urge you to sustain it.”

But Council member Calvin Say, who introduced Bill 22 in April, said his measure posed no threat to the public.

“The mayor has his justifications on the veto, but I thought that it was a very simple measure, meaning it’s not those types of fireworks that cause the trouble as far as fires, ” Say told the Honolulu Star-Advertiser.

And Say said his vetoed bill might be reconsidered in the future.

“We’ll take it under advisement and see what my staff can find out from members of the full Council at this point in time : if they’re open to an override or let it just pass for the year and see if they want to address it next year, ” he said.

Aron Dote, the Council’s chief public information officer, confirmed that based on the mayor’s Oct. 25 veto of Bill 22, the Council “now has 30 days to decide whether to uphold the veto or call for a full Council vote to override it at an upcoming session.”

“The bill has not yet been scheduled for the November full Council hearing, ” Dote said.

On Oct. 9 the Council voted 8-1, with Matt Weyer dissenting, on the third and final reading for Bill 22.

Besides fireworks use by the public, Bill 22 had also established requirements relating to retailers and sites licensed to import, store and sell display fireworks or firecrackers, the bill states.

The bill, however, kept aerial fireworks illegal.

That action meant previously banned “consumer fireworks ” could be legally sold to those with permits, during designated periods like New Year’s Eve and the Fourth of July.

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.

Prior to the vote, HFD Assistant Chief Craig Uchimura told the Council, “Our primary mission is to ensure community safety through prevention and preparedness.”

“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.”

Conversely, Bill 22 received strong support from the business community.

“Fireworks hold a significant cultural importance in Hawaii’s Asian culture, (to ward ) off evil spirits and ushering in good luck, ” Tina Yamaki, Retail Merchants of Hawaii president, told the Council at a June hearing on the measure. “Allowing retailers to sell legal consumer fireworks and enabling the community to celebrate with these fireworks would be greatly appreciated.”

“Many legitimate retailers depend on the sale of legal fireworks, knowing that the buyers must obtain permits before purchase, ” she added. “A complete ban on the fireworks imposes an additional financial burden on a lot of these law-abiding retailers, many of whom are still struggling to stay afloat.”

According to Say, Bill 22 would “really benefit the community.”

“Because in this particular case sparklers and fountains are not the major contributor to the illegal aerial fireworks, ” he said. “And it’s not ones that are going to be transmitted by air to other parts of the neighborhood.”

Still, Say must wait to see whether the full Council will relight the fuse on Bill 22.

But “I’m not, how would you say, tied to it, ” he added.

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