HOUSE BILL No. 4196

 

 

February 14, 2017, Introduced by Reps. Chirkun, Lasinski, Green, Yanez, Faris, Elder, Lucido, Howrylak, Cochran, Sowerby, Dianda, Schor, Pagan, Hertel, Sneller, Hoadley, Liberati, Geiss, Yaroch, Moss and Ellison and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending sections 2 and 7 (MCL 28.452 and 28.457), section 2 as

 

amended by 2012 PA 257 and section 7 as amended by 2013 PA 65.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Agricultural and wildlife fireworks" means fireworks

 

devices distributed to farmers, ranchers, and growers through a

 

wildlife management program administered by the United States

 

department Department of the interior Interior or the department of

 

natural resources of this state.

 

     (b) "APA standard 87-1" means 2001 APA standard 87-1, standard

 

for construction and approval for transportation of fireworks,

 

novelties, and theatrical pyrotechnics, published by the American

 

pyrotechnics association Pyrotechnics Association of Bethesda,


Maryland.

 

     (c) "Articles pyrotechnic" means pyrotechnic devices for

 

professional use that are similar to consumer fireworks in chemical

 

composition and construction but not intended for consumer use,

 

that meet the weight limits for consumer fireworks but are not

 

labeled as such, and that are classified as UN0431 or UN0432 under

 

49 CFR 172.101.

 

     (d) "Citation" means that term as described in section 17a.

 

     (e) "Commercial manufacturer" means a person engaged in the

 

manufacture of consumer fireworks.

 

     (f) "Consumer fireworks" means fireworks devices that are

 

designed to produce visible effects by combustion, that are

 

required to comply with the construction, chemical composition, and

 

labeling regulations promulgated by the United States consumer

 

product safety commission Consumer Product Safety Commission under

 

16 CFR parts 1500 and 1507, and that are listed in APA standard 87-

 

1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does do not include

 

low-impact fireworks.

 

     (g) "Consumer fireworks certificate" means a certificate

 

issued under section 4.

 

     (h) "Department" means the department of licensing and

 

regulatory affairs.

 

     (i) "Display fireworks" means large fireworks devices that are

 

explosive materials intended for use in fireworks displays and

 

designed to produce visible or audible effects by combustion,

 

deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR

 

172, and APA standard 87-1, 4.1.


     (j) "Firework" or "fireworks" means any composition or device,

 

except for a starting pistol, a flare gun, or a flare, designed for

 

the purpose of producing a visible or audible effect by combustion,

 

deflagration, or detonation. Fireworks consist of consumer

 

fireworks, low-impact fireworks, articles pyrotechnic, display

 

fireworks, and special effects.

 

     (k) "Fireworks safety fund" means the fireworks safety fund

 

created in section 11.

 

     (l) "Local unit of government" means a city, village, or

 

township.

 

     (m) "Low-impact fireworks" means ground and handheld sparkling

 

devices as that phrase is defined under APA standard 87-1, 3.1,

 

3.1.1.1 to 3.1.1.8, and 3.5.

 

     (n) "Minor" means an individual who is less than 18 years of

 

age.

 

     (o) "National holiday" means a nationally recognized holiday

 

other than Labor Day, Columbus Day, Veterans' Day, Thanksgiving,

 

Christmas, Martin Luther King Day, Presidents Day, and Easter.

 

     (p) (o) "NFPA" means the national fire protection association

 

National Fire Protection Association headquartered at 1

 

Batterymarch Park, Quincy, Massachusetts.

 

     (q) (p) "NFPA 1" means the uniform fire code, 2006 edition,

 

developed by NFPA.

 

     (r) (q) "NFPA 72" means the "National Fire Alarm Code", 2002

 

edition, developed by NFPA.

 

     (s) (r) "NFPA 101" means the "Life Safety Code", 2009 edition,

 

developed by NFPA.


     (t) (s) "NFPA 1123" means the "Code for Fireworks Display",

 

2010 edition, developed by NFPA.

 

     (u) (t) "NFPA 1124" means the "Code for the Manufacture,

 

Transportation, Storage, and Retail Sales of Fireworks and

 

Pyrotechnic Articles", 2006 edition, developed by NFPA.

 

     (v) (u) "NFPA 1126" means the "Standard for the Use of

 

Pyrotechnics Before a Proximate Audience", 2011 edition, developed

 

by NFPA.

 

     (w) (v) "Novelties" means that term as defined under APA

 

standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all

 

of the following:

 

     (i) Toy plastic or paper caps for toy pistols in sheets,

 

strips, rolls, or individual caps containing not more than .25 of a

 

grain of explosive content per cap, in packages labeled to indicate

 

the maximum explosive content per cap.

 

     (ii) Toy pistols, toy cannons, toy canes, toy trick

 

noisemakers, and toy guns in which toy caps as described in

 

subparagraph (i) are used, that are constructed so that the hand

 

cannot come in contact with the cap when in place for the

 

explosion, and that are not designed to break apart or be separated

 

so as to form a missile by the explosion.

 

     (iii) Flitter sparklers in paper tubes not exceeding 1/8 inch

 

in diameter.

 

     (iv) Toy snakes not containing mercury, if packed in cardboard

 

boxes with not more than 12 pieces per box for retail sale and if

 

the manufacturer's name and the quantity contained in each box are

 

printed on the box; and toy smoke devices.


     (x) (w) "Permanent building or structure" is a building or

 

structure that is affixed to a foundation on a site that has fixed

 

utility connections and that is intended to remain on the site for

 

more than 180 consecutive calendar days.

 

     (y) (x) "Person" means an individual, agent, association,

 

charitable organization, company, limited liability company,

 

corporation, labor organization, legal representative, partnership,

 

unincorporated organization, or any other legal or commercial

 

entity.

 

     (z) (y) "Retailer" means a person who sells consumer fireworks

 

or low-impact fireworks for resale to an individual for ultimate

 

use.

 

     (aa) (z) "Retail location" means a facility listed under NFPA

 

1124, 7.1.2.

 

     (bb) (aa) "Rule" means that term as defined in section 7 of

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.207,

 

that was promulgated by the department.

 

     (cc) (bb) "Serious impairment of a body function" means that

 

term as defined in section 58c of the Michigan vehicle code, 1949

 

PA 300, MCL 257.58c.

 

     (dd) (cc) "Serious violation" means a violation of this act,

 

an order issued under this act, or a rule promulgated or adopted by

 

reference under this act for which a substantial probability exists

 

that death or serious impairment of a body function to a person

 

other than the violator may result unless the violator did not and

 

could not, with the exercise of reasonable diligence, know of the

 

presence of the violation.


     (ee) (dd) "Special effects" means a combination of chemical

 

elements or chemical compounds capable of burning independently of

 

the oxygen of the atmosphere and designed and intended to produce

 

an audible, visual, mechanical, or thermal effect as an integral

 

part of a motion picture, radio, television, theatrical, or opera

 

production or live entertainment.

 

     (ff) (ee) "State fire marshal" means the state fire marshal

 

appointed under section 1b of the fire prevention code, 1941 PA

 

207, MCL 29.1b.

 

     (gg) (ff) "Warehouse" means a permanent building or structure

 

used primarily for the storage of consumer fireworks or low-impact

 

fireworks.

 

     (hh) (gg) "Wholesaler" means any person who sells consumer

 

fireworks or low-impact fireworks to a retailer or any other person

 

for resale. Wholesaler does not include a person who sells only

 

display fireworks or special effects.

 

     Sec. 7. (1) Except as provided in this act, a local unit of

 

government shall not enact or enforce an ordinance, code, or

 

regulation pertaining to or in any manner regulating the sale,

 

display, storage, transportation, or distribution of fireworks

 

regulated under this act.

 

     (2) A local unit of government may enact and enforce an

 

ordinance regulating noise level pertaining to the use of fireworks

 

regulated under this act.

 

     (3) (2) A local unit of government may enact an ordinance

 

regulating the ignition, discharge, and use of consumer fireworks,

 

including, but not limited to, an ordinance prescribing the hours


of the day or night during which a person may ignite, discharge, or

 

use consumer fireworks. If Except for a noise ordinance enacted or

 

enforced under subsection (2), if a local unit of government enacts

 

an ordinance under this subsection, the ordinance shall not

 

regulate the ignition, discharge, or use of consumer fireworks on

 

the day preceding, the day of, or the day after a national holiday,

 

except as follows:

 

     (a) A that a local unit of government with a population of

 

50,000 or more or a local unit of government located in a county

 

with a population of 750,000 or more may regulate the ignition,

 

discharge, or use of consumer fireworks between the hours of 12

 

midnight 11 p.m. and 8 10 a.m. or between the hours of 1 a.m. and 8

 

a.m. on New Year's day.Day.

 

     (b) A local unit of government with a population of less than

 

50,000 located in a county with a population of less than 750,000

 

may regulate the ignition, discharge, or use of consumer fireworks

 

between the hours of 1 a.m. and 8 a.m.

 

     (4) A local unit of government with a population of 75,000 or

 

more or a local unit of government located in a county with a

 

population of 750,000 or more may enact an ordinance regulating the

 

sale of consumer fireworks from retail locations that conduct

 

consumer fireworks sales from tents. Ordinances established under

 

this subsection may prohibit the sale of consumer fireworks from

 

tents and require sales be conducted at a permanent building or

 

structure.

 

     (5) (3) An ordinance under subsection (2), (3), or (4) shall

 

only impose a civil fine of not more than $500.00 $1,000.00 for


each violation of the ordinance and no other fine or sanction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.