Bill Text: MI SB1023 | 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 3-0)

Status: (Introduced - Dead) 2014-08-13 - Referred To Committee On Government Operations [SB1023 Detail]

Download: Michigan-2013-SB1023-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1023

 

 

August 13, 2014, Introduced by Senators ANDERSON, HUNTER and BIEDA and referred to the Committee on Government Operations.

 

 

 

      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.

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