(a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness shall only be issued to an individual and shall set forth the individual’s competency and provide for the individual’s positive identification. Certificates of fitness may be limited as to types or kinds of explosives or to the use of explosives for specific purposes.

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Terms Used In Hawaii Revised Statutes 396-9

  • Arrest: Taking physical custody of a person by lawful authority.
  • Conviction: A judgement of guilt against a criminal defendant.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Dealer: means , for the purpose of the section concerning explosives, any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of buying and selling explosives. See Hawaii Revised Statutes 396-3
  • Director: means the director of labor and industrial relations or the director's designee. See Hawaii Revised Statutes 396-3
  • Employee: means every natural person who is required or directed or permitted or suffered by any employer to engage in any employment, or to go to work or be at any time in any place of employment. See Hawaii Revised Statutes 396-3
  • Employer: means :

    (1) The State and every state agency;

    (2) Each county and all public and quasi-public corporations and public agencies therein;

    (3) Every person which has any natural person in service;

    (4) The legal representative of any deceased employer;

    (5) Every person having direction, management, control, or custody of any employment, place of employment, or any employee. See Hawaii Revised Statutes 396-3

  • Employment: includes the carrying on of any trade, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged to work for hire except domestic service in or about a private home. See Hawaii Revised Statutes 396-3
(b) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.
(c) It shall be unlawful for any person to use or possess any explosives unless the person has a certificate of fitness or is using the explosives under the immediate supervision and direction of a holder of the certificate.

Any person who violates this section shall be subject to arrest and upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year, or both, provided that an employer or an employee acting within the scope of employment shall not be deemed to be in violation of this section.

(d) Any certificate of fitness issued under this section may be revoked or suspended by the director on any ground specified in the rules adopted under this chapter, or for any violation of this section.
(e) Any certificate issued under this section, during any time of national emergency or crisis, may be suspended or canceled by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.
(f) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state or county police or fire departments who are authorized to handle explosives.