Bill Text: MI HB5723 | 2013-2014 | 97th 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 - 28.471).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-08-27 - Printed Bill Filed 08/14/2014 [HB5723 Detail]
Download: Michigan-2013-HB5723-Introduced.html
HOUSE BILL No. 5723
August 13, 2014, Introduced by Reps. Schor and Slavens and referred to the Committee on Regulatory Reform.
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:
1 Sec. 243f. (1) As used in this chapter:
2 (a) "Class B fireworks" means toy torpedoes, railway
3 torpedoes, firecrackers or salutes that do not qualify as class C
4 fireworks, exhibition display pieces, aeroplane flares,
5 illuminating projectiles, incendiary projectiles, incendiary
6 grenades, smoke projectiles or bombs containing expelling charges
7 but without bursting charges, flash powders in inner units not
8 exceeding 2 ounces each, flash sheets in interior packages, flash
9 powder or spreader cartridges containing not more than 72 grains
1 of flash powder each, and other similar devices.
2 (b) "Class C fireworks" means toy smoke devices, toy caps
3 containing not more than .25 grains of explosive mixture, toy
4 propellant devices, cigarette loads, trick matches, trick noise
5 makers, smoke candles, smoke pots, smoke grenades, smoke signals,
6 hand signal devices, very signal cartridges, sparklers, explosive
7 auto alarms, and other similar devices.
8 (c) "Fireworks" means a device made from explosive or
9 flammable compositions used primarily for the purpose of
10 producing a visible display or audible effect, or both, by
11 combustion, deflagration, or detonation.
12 (2) Except as provided in subsection (3) and sections 243g,
13 243h, and 243i, a person, firm, partnership, or corporation shall
14 not offer for sale, expose for sale, sell at retail, keep with
15 intent to sell at retail, possess, give, furnish, transport, use,
16 explode, or cause to explode any of the following:
17 (a) A blank cartridge, blank cartridge pistol, toy cannon,
18 toy cane, or toy gun in which explosives are used.
19 (b) An unmanned balloon that requires fire underneath to
20 propel it and is not moored to the ground while aloft.
21 (c) Firecrackers, torpedoes, skyrockets, Roman candles,
22 bottle rockets, whistling chasers, rockets on sticks, or other
23 fireworks of similar construction.
24 (d) Fireworks containing an explosive or inflammable
25 compound or a tablet or other device commonly used and sold as
26 fireworks containing nitrates, fulminates, chlorates, oxalates,
27 sulphides of lead, barium, antimony, arsenic, mercury,
1 nitroglycerine, phosphorus, or a compound containing these or
2 other modern explosives.
3 (3) A permit is not required for any of the following:
4 (a) Flat paper caps containing not more than .25 of a grain
5 of explosive content per cap, in packages labeled to indicate the
6 maximum explosive content per cap.
7 (b) Toy pistols, toy cannons, toy canes, toy trick noise
8 makers, and toy guns of a type approved by the director of the
9 department of state police in which paper caps as described in
10 subdivision (a) are used and that are so constructed that the
11 hand cannot come in contact with the cap when in place for the
12 explosion and that are not designed to break apart or be
13 separated so as to form a missile by the explosion.
14 (c) Sparklers containing not more than .0125 pounds of
15 burning portion per sparkler.
16 (d) Flitter sparklers in paper tubes not exceeding 1/8 inch
17 in diameter, cone fountains, and cylinder fountains.
18 (e) Toy snakes not containing mercury, if packed in
19 cardboard boxes with not more than 12 pieces per box for retail
20 sale and if the manufacturer's name and the quantity contained in
21 each box are printed on the box; and toy smoke devices.
22 (f) Possession, transportation, sale, or use of signal
23 flares of a type approved by the director of the department of
24 state police, blank cartridges or blank cartridge pistols
25 specifically for a show or theater, for the training or
26 exhibiting of dogs, for signal purposes in athletic sports, or
27 for use by military organizations, and all items described in
1 subsection (2) used by railroads for emergency signal purposes.
2 (g) The sale of fireworks, provided they are to be shipped
3 directly out of state under regulations of the United States
4 department of transportation covering the transportation of
5 explosives and other dangerous articles by motor, rail, and
6 water.
7 Sec. 243g. (1) The legislative body of a city, village, or
8 township, upon application in writing, on forms provided by the
9 bureau of fire services created in section 1b of the fire
10 prevention code, 1941 PA 207, MCL 29.1b, may grant a permit for
11 the use of fireworks otherwise prohibited by section 243f, within
12 the city, village, or township, manufactured for outdoor pest
13 control or agricultural purposes, or for public display by
14 municipalities, fair associations, amusement parks, or other
15 organizations or groups of individuals approved by the city,
16 village, or township authority, if the applicable provisions of
17 this act are complied with. The permits must be on forms provided
18 by the bureau of fire services. After a permit has been granted,
19 sales, possession, or transportation of fireworks for the
20 purposes described in the permit only may be made. A permit
21 granted under this subsection is not transferable and shall not
22 be issued to an individual under the age of 18 years.
23 (2) The legislative body of a city, village, or township,
24 upon application in writing, may grant a permit, on forms
25 provided by the bureau of fire services, to a resident wholesale
26 dealer or jobber to have in his or her possession within the
27 city, village, or township, fireworks otherwise prohibited by
1 section 243f, for sale only to holders of permits as provided in
2 this section. A permit granted under this subsection is not
3 transferable, nor shall a permit be issued to an individual under
4 the age of 18 years.
5 (3) Before a permit for a pyrotechnic display is issued, the
6 person applying for the permit shall furnish proof of financial
7 responsibility by a bond or insurance in an amount, character,
8 and form considered necessary by the local governing authority to
9 satisfy claims for damages to property or personal injuries
10 arising out of an act or omission on the part of the person or an
11 agent or employee of the person, and to protect the public.
12 (4) A permit shall not be issued under this act to a
13 nonresident person for conduct of a pyrotechnic display in this
14 state until the person has appointed in writing a resident member
15 of the bar of this state or a resident agent to be the legal
16 representative upon whom all process in an action or proceeding
17 against the person may be served.
18 (5) The local governing authority shall rule on the
19 competency and qualifications of operators of pyrotechnic
20 displays, as the operator has furnished in his or her application
21 form, and on the time, place, and safety aspects of the displays
22 before granting permits.
23 Sec. 243h. Transportation of fireworks intrastate shall be
24 made only with the permits provided for in this act and as
25 follows:
26 (a) In accordance with United States department of
27 transportation regulations for transportation of explosives and
1 other dangerous articles by motor, rail, and water, including
2 specifications for shipping containers.
3 (b) In nonpassenger carrying vehicles, in charge of a
4 competent driver not less than 18 years of age, that are equipped
5 with a 15-pound carbon dioxide or a 10-pound dry chemical fire
6 extinguisher; and in or near which smoking is prohibited while
7 loading, unloading, or transporting fireworks.
8 Sec. 243i. (1) Fireworks kept at the site of a wholesaler,
9 dealer, or jobber, except for a retailer who has goods on hand
10 for sale to the public in a supervised display area, shall be
11 stored in a 1-story, noncombustible building without a basement,
12 which building is weather resistant, well ventilated, and
13 equipped with a strong door kept securely locked except when open
14 for business.
15 (2) The location of a storage building under subsection (1)
16 must be approved by the local governing authority having
17 jurisdiction and be located not less than the following distances
18 from inhabited buildings, passenger railroads, and public
19 highways according to the number of pounds of fireworks stored,
20 rounded to the nearest
21 pound:
22 Net Weight of Distance From Distance From
23 Fireworks Passenger Railways Inhabited Buildings
24 and Public Highways
25 Class C Class B Class C Class B
26 Fireworks Fireworks Fireworks Fireworks
1 Pounds Feet Feet Feet Feet
2 100 or less 25 200 50 200
3 101 to 200 30 200 60 200
4 201 to 400 35 200 70 200
5 401 to 600 40 200 80 208
6 601 to 800 45 200 90 252
7 801 to 1,000 50 200 100 292
8 1,001 to 2,000 58 230 115 459
9 2,001 to 3,000 62 296 124 592
10 3,001 to 4,000 65 352 130 704
11 4,001 to 5,000 68 400 135 800
12 5,001 to 6,000 70 441 139 882
13 6,001 to 8,000 73 509 140 1,018
14 8,001 to 10,000 75 565 150 1,129
15 10,001 to 15,000 80 668 159 1,335
16 15,001 to 20,000 83 745 165 1,490
17 20,001 to 30,000 87 863 174 1,725
18 30,001 to 40,000 90 953 180 1,906
19 40,001 to 50,000 93 1,030 185 2,060
20 50,001 to 60,000 95 1,095 189 2,190
21 60,001 to 80,000 98 1,205 195 2,410
22 80,001 to 100,000 100 1,300 200 2,600
23 100,001 to 150,000 105 1,488 209 2,975
24 151,001 to 200,000 108 1,638 215 3,275
25 200,001 or more 110 1,765 220 3,530
26 (3) A person shall not cause or allow smoking, matches, open
27 flames, spark-producing devices, or firearms inside of or within
28 50 feet of a building used for the storage of fireworks. A person
1 shall not store combustible materials within 50 feet of a
2 building used for the storage of fireworks.
3 (4) The interior of a building used for the storage of
4 fireworks shall be kept clean and free from debris and empty
5 containers. A person shall not use a building used for the
6 storage of fireworks for the storage of any metal tools or any
7 commodity other than fireworks.
8 (5) A person shall not provide a building used for the
9 storage of fireworks with heat or lights, except that if lights
10 are necessary, an electric safety flashlight or safety lantern
11 must be used.
12 (6) A building used for the storage of fireworks must bear
13 lettering on each side and top in letters not less than 4 inches
14 high, the words "explosives—keep fire away".
15 (7) A building used for the storage of fireworks must be
16 under the supervision of a competent person, who is not less than
17 18 years of age.
18 (8) In addition to the requirements of subsection (2),
19 salutes that do not qualify as class C fireworks are considered
20 to be hazardous material and must be stored in accordance with
21 rules for the storage and handling of hazardous material
22 promulgated under section 3c of the fire prevention code, 1941 PA
23 207, MCL 29.3c.
24 Sec. 243j. A person that violates a provision of sections
25 243f to 243i or that violates the terms of a permit issued under
26 those sections is guilty of a misdemeanor.
27 Enacting section 1. The Michigan fireworks safety act, 2011
1 PA 256, MCL 28.451 to 28.471, is repealed.
