Bill Text: MI HB5872 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Fireworks: other; local ordinances regarding firework regulation; allow in certain circumstances. Amends secs. 5 & 7 of 2011 PA 256 (MCL 28.455 & 28.457).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-27 - Bill Electronically Reproduced 06/27/2024 [HB5872 Detail]
Download: Michigan-2023-HB5872-Introduced.html
HOUSE BILL NO. 5872
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending sections 5 and 7 (MCL 28.455 and 28.457), section 5 as amended by 2018 PA 634 and section 7 as amended by 2018 PA 635.
the people of the state of michigan enact:
Sec. 5. (1) A person shall not sell consumer fireworks from a retail location unless all of the following conditions are met:
(a) Except as provided in subdivision (b), the retail location and any adjacent or directly associated retail storage satisfies the applicable requirements of NFPA 101 and NFPA 1124 for consumer and low-impact fireworks that are not in conflict with this act and the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. Any provision of the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531, that is inconsistent with the applicable requirements of NFPA 101 and NFPA 1124 is superseded to the extent of the inconsistency or conflict.
(b) If the retail location is a permanent building or structure, the building or structure is equipped with a fire suppression system in compliance with NFPA 1124. Beginning on the effective date of the 2018 act that added this sentence December 28, 2018 and notwithstanding the NFPA 1124 requirements regarding automatic sprinkler systems, if the retail location is in a permanent multitenant building or structure, the building or structure must be equipped with an automatic sprinkler system. The requirement for an automatic sprinkler system described in this subdivision does not apply to the retail location of a person that held a consumer fireworks certificate for a retail location of the same address in a permanent building or structure during the calendar year before the effective date of the 2018 act that added this sentence.December 28, 2018.
(c) The retailer at that retail location is licensed under section 3 of the general sales tax act, 1933 PA 167, MCL 205.53.
(d) The retailer has a valid federal taxpayer identification number. This requirement does not apply to a retailer that is a sole proprietorship.
(2) A person that fails or neglects to comply with subsection (1) is responsible for a civil fine of not more than $2,500.00 for each violation. The department shall determine the amount of the fine imposed under this subsection by applying a scale, as developed by the department, that reflects the severity of the violation. Each day that a person is in noncompliance is a separate violation.
(3) During any period of time in which a person is selling consumer fireworks, the person shall add as an additional insured, or obtain and maintain public liability and product liability insurance coverage for, each retail location at which the person is selling consumer fireworks, in an amount not less than $10,000,000.00 per occurrence. If the department determines that a person has failed or neglected to comply with this subsection, the department shall order the person to immediately cease operations and pay a civil fine of not more than $5,000.00.
(4) A retailer shall provide with every purchase of consumer fireworks a notice listing the dates and times permitted under this act for the ignition, discharge, and use of consumer fireworks. The notice shall must begin with the following statement: "State law permits, under MCL 28.457, the ignition, discharge, and use of consumer fireworks at the following times:". The If a local ordinance that pertains to the ignition, discharge, and use of fireworks has been enacted in the jurisdiction where the retailer is located, the notice under this subsection must include the language required under the ordinance. Except as otherwise provided in this subsection, the retailer may provide the notice in a form and manner determined by the retailer, including, but not limited to, printing or stamping the notice on, or affixing the notice to, a receipt, bag, or the product being purchased, or a printed handout provided at the time of purchase. If a local ordinance specifies the form and manner of a notice under this subsection, the notice must conform to the ordinance. Posting the notice on a wall, window, display, or otherwise, at the retail location, does not satisfy the requirements of this subsection. A retailer who fails to provide the notice required by this subsection is responsible for a civil fine of $100.00 for each day on which 1 or more violations occur. The department shall provide for the remittance of the fine collected under this subsection to the local law enforcement agency responsible for enforcing the notice requirement.
(5) A person shall not engage in the retail sale of consumer fireworks over the telephone, internet, or other like manner unless the consumer fireworks are picked up or shipped from a permanent location for which the person holds a valid consumer fireworks certificate.
Sec. 7. (1) Except as otherwise provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining that pertains to or regulates 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 an ordinance regulating that regulates the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing that prescribes the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance under this subsection, the ordinance shall must not regulate the ignition, discharge, or use of consumer fireworks on the following days after 11 a.m.:
(a) December 31 until 1 a.m. on January 1.
(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
(c) June 29 to July 4 until 11:45 p.m. on each of those days.
(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
(3) An ordinance under subsection (2) shall must impose a civil fine of $1,000.00 for each violation of the ordinance and no other fine or sanction. The ordinance must provide for the remittance of $500.00 of the from each fine collected under the ordinance to the local law enforcement agency responsible for enforcing the enforcement of the ordinance.
(4) Beginning August 1, 2019, a local unit of government with a population of 100,000 or more or a local unit of government located in a county with a population of 750,000 or more may enact or enforce an ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may include, but is not limited to, a restriction on the number of permits issued for a temporary structure, regulation of the distance required between 2 or more temporary structures, or a zoning ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure. As used in this subsection, "temporary structure" means a movable structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but not limited to, a tent or a stand.
(5) A local unit of government may enact an ordinance to require a retailer to display a sign in a conspicuous place at the retail location that clearly describes both of the following:
(a) The dates and times permitted under this act for the ignition, discharge, and use of consumer fireworks.
(b) Any limitations on the dates and times that a person may ignite, discharge, or use consumer fireworks under an ordinance adopted under this section in a local unit of government in which the retail location is located.
(6) A local unit of government may enact an ordinance to specify the form and manner a retailer gives notice to a consumer under section 5(4).
