HOUSE BILL NO. 4889

May 20, 2021, Introduced by Reps. Anthony, Hope, Young, Scott, Weiss, Aiyash, Kuppa, Hood, Whitsett, Manoogian and Brixie and referred to the Committee on Regulatory Reform.

A bill to amend 1941 PA 207, entitled

"Fire prevention code,"

by amending section 7d (MCL 29.7d), as added by 2018 PA 636.

the people of the state of michigan enact:

Sec. 7d. (1) If the environmental concerns based on the department of natural resources fire division criteria are elevated to extreme fire conditions or if the environmental concerns based on the department of natural resources fire division criteria are elevated to very high for 72 consecutive hours, the commanding officer of the fire department of a city, village, township, or county, in consultation with the department of natural resources, has the authority to enforce a no burning restriction that includes a ban on the ignition, discharge, and use of consumer fireworks within a city, village, township, or county. If a no burning restriction is instituted under this subsection, the commanding officer of the fire department enforcing the restriction shall ensure that adequate notice of the restriction is provided to the public.

(2) The governor, department of natural resources, or state fire marshal may enforce a statewide no burning restriction, including a ban on the ignition, discharge, and use of fireworks as provided under subsection (1).

(3) Not more than 24 hours after the fire condition is downgraded from extreme or very high fire condition, the commanding officer of the fire department of a city, village, township, or county that enforced a no burning restriction under subsection (1) that included a ban on the ignition, discharge, and use of consumer fireworks shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public.

(4) As used in this section, "consumer fireworks" means that term as defined in section 2 of the Michigan fireworks safety act, former 2011 PA 256. , MCL 28.452.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4891 (request no. 03102'21) of the 101st Legislature is enacted into law.