Fireworks rules too often ignored

Most Oahu kamaaina residents would affirm that New Year’s Eve was much calmer than those they remember before the partial ban on fireworks went into effect in 2011. The iconic strings of thousands of firecrackers remained accessible by permit, but other types — including sparklers and fountaining and paperless novelties — were prohibited.

The idea was that reducing the volume and types of allowed fireworks would make it easier for inspectors to find and stop the illegal import of contraband. Chief among these concerns is for aerial fireworks, which have long been illegal and represent the principal safety and fire hazard.

The fatal accident that darkened the 2017 celebrations serves as a sad reminder of why Honolulu has not yet reached the level of surveillance that is required.

Liona Spencer, 38, who died Sunday, was the mother of two teenage children. Their father, Keoki Medeiros, also was injured but is seen as likely to survive.

The precise circumstances surrounding the mishap are still under investigation, so it’s unclear what caused the explosion or even what incendiary devices were involved.

Still it suggests there is much to be done to strengthen a crackdown on illegal fireworks, and should prompt a review by the Honolulu City Council of the current law and safeguards.

The number of permits issued by the city under the ban ordinance rose this year, but retailers ran short of the permitted product, the traditional firecrackers, in the run-up to New Year’s.

This could have made the use of the illegal variants especially tempting. If a legal form of revelry is to effectively replace the more hazardous and unregulated practices, it’s a problem when the supply doesn’t match the demand.

Residents who pay for the permit only to be frustrated purchasing through lawful channels may be tempted to find other sources for fireworks. It doesn’t help with the aim of choking off illicit suppliers if customers are pushed their way.

This is, in fact, one of the projected weaknesses in the city ordinance when it came up for a vote. Critics predicted a decline in legitimate retailers, with black market suppliers from counties that still allow their imports, filling the void.

That’s why it’s essential that inspections be increased to deter the import of contraband.

One bill introduced last session in the Legislature made it to the first hearing, but no further. Senate Bill 2632 sought to increase fines for violations of the fireworks control law.

Among other provisions, it would have authorized the state sheriff division to inspect shipping containers for explosives and illegal fireworks.

The state Department of the Attorney General supported the intent but raised constitutional concerns about random, discretionary searches, the proposed use of the National Guard and jurisdictional issues of sheriffs in state harbors.

These concerns need to be addressed, but it’s certainly a topic that deserves renewed discussion when the 2017 session convenes in a few weeks.

Moreover, the issue merits a review by the Honolulu Police Commission of how police can improve its surveillance for violations. Honolulu Police Department officials said a month in advance of the authorized period for fireworks use that hundreds of violations already had been reported to them.

Police presence in neighborhoods, as well as citizen oversight of their neighbors, is essential to deterrence.

If Honolulu is to have a more peaceful and safe New Year’s celebration, revelers must believe that the risk and consequences of violating the law are too high.

They apparently have not been persuaded, with this year’s truly tragic result.