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.




     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,



     (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




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


devices as that phrase is defined under APA standard 87-1, 3.1, to, and 3.5.


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




     (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




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


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




     (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




     (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




     (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.