Bill Text: MI HB4891 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Fireworks: penalties; sale and use of fireworks; regulate, and repeal Michigan fireworks safety act. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding secs. 243f, 243g, 243h, 243i & 243j & repeals 2011 PA 256 (MCL 28.451 - 28.470).
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2021-05-25 - Bill Electronically Reproduced 05/20/2021 [HB4891 Detail]
Download: Michigan-2021-HB4891-Introduced.html
HOUSE BILL NO. 4891
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding sections 243f, 243g, 243h, 243i, and 243j; and to repeal acts and parts of acts.
the people of the state of michigan enact:
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Sec. 243f. (1) As used in this chapter:
(a) "Class B fireworks" means toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as class C fireworks, exhibition display pieces, aeroplane flares,
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illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding 2 ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not more than 72 grains of flash powder each, and other similar devices.
(b) "Class C fireworks" means toy smoke devices, toy caps containing not more than .25 grains of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, Very signal cartridges, sparklers, explosive auto alarms, and other similar devices.
(c) "Fireworks" means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration, or detonation.
(2) Except for the items listed in subsection (3) and as provided in sections 243g, 243h, and 243i, a person, firm, partnership, or corporation shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess, give, furnish, transport, use, explode, or cause to explode any of the following:
(a) A blank cartridge, blank cartridge pistol, toy cannon, toy cane, or toy gun in which explosives are used.
(b) An unmanned balloon that requires fire underneath to propel it and is not moored to the ground while aloft.
(c) Firecrackers, torpedoes, skyrockets, Roman candles, bottle rockets, whistling chasers, rockets on sticks, or other fireworks of similar construction.
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(d) Fireworks containing an explosive or inflammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern explosives.
(3) Subsection (2) does not apply to any of the following:
(a) Flat paper 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.
(b) Toy pistols, toy cannons, toy canes, toy trick noise makers, and toy guns of a type approved by the director of the department of state police in which paper caps as described in subdivision (a) are used and that are so constructed 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.
(c) Sparklers containing not more than .0125 pounds of burning portion per sparkler.
(d) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter, cone fountains, and cylinder fountains.
(e) 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.
(f) Possession, transportation, sale, or use of signal flares of a type approved by the director of the department of state police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for
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signal purposes in athletic sports, or for use by military organizations, and all items described in subsection (2) used by railroads for emergency signal purposes.
(g) The sale of fireworks, provided they are to be shipped directly out of state under regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail, and water.
Sec. 243g. (1) The legislative body of a city, village, or township, upon application in writing, on forms provided by the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, may grant a permit for the use of fireworks otherwise prohibited by section 243f, within the city, village, or township, manufactured for outdoor pest control or agricultural purposes, or for public display by municipalities, fair associations, amusement parks, or other organizations or groups of individuals approved by the city, village, or township authority, if the applicable provisions of this act are complied with. The permits must be on forms provided by the bureau of fire services. After a permit has been granted, sales, possession, or transportation of fireworks for the purposes described in the permit only may be made. A permit granted under this subsection is not transferable and must not be issued to an individual less than 18 years of age.
(2) The legislative body of a city, village, or township, upon application in writing, may grant a permit, on forms provided by the bureau of fire services, to a resident wholesale dealer or jobber to have in his or her possession within the city, village, or township, fireworks otherwise prohibited by section 243f, for sale only to holders of permits as provided in this section. A
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permit granted under this subsection is not transferable and must not be issued to an individual less than 18 years of age.
(3) Before a permit for a pyrotechnic display is issued, the person applying for the permit shall furnish proof of financial responsibility by a bond or insurance in an amount, character, and form considered necessary by the local governing authority to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person or an agent or employee of the person, and to protect the public.
(4) A permit must not be issued under this act to a nonresident person to conduct a pyrotechnic display in this state until the person has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person may be served.
(5) The local governing authority shall rule on the competency and qualifications of operators of pyrotechnic displays, as the operator has furnished in his or her application form, and on the time, place, and safety aspects of the displays before granting a permit under this section.
Sec. 243h. Transportation of fireworks intrastate must be made only with the permits provided for in this act and as follows:
(a) In accordance with United States Department of Transportation regulations for transportation of explosives and other dangerous articles by motor, rail, and water, including specifications for shipping containers.
(b) In nonpassenger carrying vehicles, in charge of a competent driver not less than 18 years of age, that are equipped with a 15-pound carbon dioxide or a 10-pound dry chemical fire
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extinguisher, and in or near which smoking is prohibited while loading, unloading, or transporting fireworks.
Sec. 243i. (1) Fireworks kept at the site of a wholesaler, dealer, or jobber, except for a retailer who has goods on hand for sale to the public in a supervised display area, must be stored in a 1-story, noncombustible building without a basement, which building is weather resistant, well ventilated, and equipped with a strong door kept securely locked except when open for business.
(2) The location of a storage building under subsection (1) must be approved by the local governing authority having jurisdiction and be located not less than the following distances from inhabited buildings, passenger railroads, and public highways according to the number of pounds of fireworks stored, rounded to the nearest pound:
|
Net Weight of |
Distance From |
Distance From |
|
Fireworks |
Passenger Railways |
Inhabited Buildings |
|
|
and Public Highways |
|
|
|
Class C |
Class B |
Class C |
Class B |
|
|
Fireworks |
Fireworks |
Fireworks |
Fireworks |
|
Pounds |
Feet |
Feet |
Feet |
Feet |
|
100 or less |
25 |
200 |
50 |
200 |
|
101 to 200 |
30 |
200 |
60 |
200 |
|
201 to 400 |
35 |
200 |
70 |
200 |
|
401 to 600 |
40 |
200 |
80 |
208 |
|
601 to 800 |
45 |
200 |
90 |
252 |
|
801 to 1,000 |
50 |
200 |
100 |
292 |
|
1,001 to 2,000 |
58 |
230 |
115 |
459 |
|
2,001 to 3,000 |
62 |
296 |
124 |
592 |
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|
3,001 to 4,000 |
65 |
352 |
130 |
704 |
|
4,001 to 5,000 |
68 |
400 |
135 |
800 |
|
5,001 to 6,000 |
70 |
441 |
139 |
882 |
|
6,001 to 8,000 |
73 |
509 |
140 |
1,018 |
|
8,001 to 10,000 |
75 |
565 |
150 |
1,129 |
|
10,001 to 15,000 |
80 |
668 |
159 |
1,335 |
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15,001 to 20,000 |
83 |
745 |
165 |
1,490 |
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20,001 to 30,000 |
87 |
863 |
174 |
1,725 |
|
30,001 to 40,000 |
90 |
953 |
180 |
1,906 |
|
40,001 to 50,000 |
93 |
1,030 |
185 |
2,060 |
|
50,001 to 60,000 |
95 |
1,095 |
189 |
2,190 |
|
60,001 to 80,000 |
98 |
1,205 |
195 |
2,410 |
|
80,001 to 100,000 |
100 |
1,300 |
200 |
2,600 |
|
100,001 to 150,000 |
105 |
1,488 |
209 |
2,975 |
|
150,001 to 200,000 |
108 |
1,638 |
215 |
3,275 |
|
200,001 or more |
110 |
1,765 |
220 |
3,530 |
(3) A person shall not cause or allow smoking, matches, open flames, spark-producing devices, or firearms inside of or within 50 feet of a building used for the storage of fireworks. A person shall not store combustible materials within 50 feet of a building used for the storage of fireworks.
(4) The interior of a building used for the storage of fireworks must be kept clean and free from debris and empty containers. A person shall not use a building used for the storage of fireworks for the storage of any metal tools or any commodity other than fireworks.
(5) A person shall not provide a building used for the storage of fireworks with heat or lights, except that if lights are necessary, an electric safety flashlight or safety lantern must be
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used.
(6) A building used for the storage of fireworks must bear lettering on each side and top in letters not less than 4 inches high, the words "explosives—keep fire away".
(7) A building used for the storage of fireworks must be under the supervision of a competent person who is not less than 18 years of age.
(8) In addition to the requirements of subsection (2), salutes that do not qualify as class C fireworks are considered to be hazardous material and must be stored in accordance with rules for the storage and handling of hazardous material promulgated under section 3c of the fire prevention code, 1941 PA 207, MCL 29.3c.
Sec. 243j. A person that violates a provision of sections 243f to 243i or that violates the terms of a permit issued under those sections is guilty of a misdemeanor.
Enacting section 1. The Michigan fireworks safety act, 2011 PA 256, MCL 28.451 to 28.470, is repealed.
Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.
