September 17, 2015, Introduced by Rep. Lucido and referred to the Committee on Regulatory Reform.
A bill to amend 2011 PA 256, entitled
"Michigan fireworks safety act,"
by amending sections 2 and 12 (MCL 28.452 and 28.462), section 2 as
amended by 2012 PA 257 and section 12 as amended by 2013 PA 65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Agricultural and wildlife fireworks" means fireworks
devices distributed to farmers, ranchers, and growers through a
wildlife management program administered by the United States
department
Department of the interior Interior or
the department of
natural resources of this state.
(b) "APA standard 87-1" means 2001 APA standard 87-1, standard
for construction and approval for transportation of fireworks,
novelties, and theatrical pyrotechnics, published by the American
pyrotechnics
association Pyrotechnics
Association of Bethesda,
Maryland.
(c) "Articles pyrotechnic" means pyrotechnic devices for
professional use that are similar to consumer fireworks in chemical
composition and construction but not intended for consumer use,
that meet the weight limits for consumer fireworks but are not
labeled as such, and that are classified as UN0431 or UN0432 under
49 CFR 172.101.
(d)
"Citation" means that term a citation as described in
section 17a.
(e) "Commercial manufacturer" means a person engaged in the
manufacture of consumer fireworks.
(f) "Consumer fireworks" means fireworks devices that are
designed to produce visible effects by combustion, that are
required to comply with the construction, chemical composition, and
labeling
regulations promulgated by the United States consumer
product
safety commission Consumer
Product Safety Commission under
16 CFR parts 1500 and 1507, and that are listed in APA standard 87-
1,
3.1.2, 3.1.3, or 3.5. Consumer fireworks does do not
include
low-impact fireworks.
(g) "Consumer fireworks certificate" means a certificate
issued under section 4.
(h) "Department" means the department of licensing and
regulatory affairs.
(i) "Display fireworks" means large fireworks devices that are
explosive materials intended for use in fireworks displays and
designed to produce visible or audible effects by combustion,
deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR
172, and APA standard 87-1, 4.1.
(j) "Firework" or "fireworks" means any composition or device,
except for a starting pistol, a flare gun, or a flare, designed for
the purpose of producing a visible or audible effect by combustion,
deflagration, or detonation. Fireworks consist of consumer
fireworks, low-impact fireworks, articles pyrotechnic, display
fireworks, and special effects.
(k) "Fireworks safety fund" means the fireworks safety fund
created in section 11.
(l) "Local unit of government" means a city, village, or
township.
(m) "Low-impact fireworks" means ground and handheld sparkling
devices as that phrase is defined under APA standard 87-1, 3.1,
3.1.1.1 to 3.1.1.8, and 3.5.
(n) "Minor" means an individual who is less than 18 years of
age.
(o)
"NFPA" means the national fire protection association
National Fire Protection Association headquartered at 1
Batterymarch Park, Quincy, Massachusetts.
(p) "NFPA 1" means the uniform fire code, 2006 edition,
developed by NFPA.
(q) "NFPA 72" means the "National Fire Alarm Code", 2002
edition, developed by NFPA.
(r) "NFPA 101" means the "Life Safety Code", 2009 edition,
developed by NFPA.
(s) "NFPA 1123" means the "Code for Fireworks Display", 2010
edition, developed by NFPA.
(t) "NFPA 1124" means the "Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and
Pyrotechnic Articles", 2006 edition, developed by NFPA.
(u) "NFPA 1126" means the "Standard for the Use of
Pyrotechnics Before a Proximate Audience", 2011 edition, developed
by NFPA.
(v) "Novelties" means that term as defined under APA standard
87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the
following:
(i) Toy plastic or paper caps for toy pistols in sheets,
strips, rolls, or individual 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.
(ii) Toy pistols, toy cannons, toy canes, toy trick
noisemakers, and toy guns in which toy caps as described in
subparagraph (i) are used, that are constructed so 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.
(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch
in diameter.
(iv) 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.
(w)
"Permanent building or structure" is means a
building or
structure that is affixed to a foundation on a site that has fixed
utility connections and that is intended to remain on the site for
more than 180 consecutive calendar days.
(x) "Person" means an individual, agent, association,
charitable organization, company, limited liability company,
corporation, labor organization, legal representative, partnership,
unincorporated organization, or any other legal or commercial
entity.
(y) "Retailer" means a person who sells consumer fireworks or
low-impact fireworks for resale to an individual for ultimate use.
(z) "Retail location" means a facility listed under NFPA 1124,
7.1.2.
(aa) "Rule" means that term as defined in section 7 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.207,
that was promulgated by the department.
(bb) "Serious impairment of a body function" means that term
as defined in section 58c of the Michigan vehicle code, 1949 PA
300, MCL 257.58c.
(cc) "Serious violation" means a violation of this act, an
order issued under this act, or a rule promulgated or adopted by
reference under this act for which a substantial probability exists
that death or serious impairment of a body function to a person
other than the violator may result unless the violator did not and
could not, with the exercise of reasonable diligence, know of the
presence of the violation.
(dd) "Sky lantern" means an unmanned, self-contained luminary
device that uses a balloon to become airborne and that while
airborne has an open flame or other heat source.
(ee) (dd)
"Special effects" means a
combination of chemical
elements or chemical compounds capable of burning independently of
the oxygen of the atmosphere and designed and intended to produce
an audible, visual, mechanical, or thermal effect as an integral
part of a motion picture, radio, television, theatrical, or opera
production or live entertainment.
(ff) (ee)
"State fire marshal"
means the state fire marshal
appointed under section 1b of the fire prevention code, 1941 PA
207, MCL 29.1b.
(gg) (ff)
"Warehouse" means a
permanent building or structure
used primarily for the storage of consumer fireworks or low-impact
fireworks.
(hh) (gg)
"Wholesaler" means any
person who sells consumer
fireworks or low-impact fireworks to a retailer or any other person
for resale. Wholesaler does not include a person who sells only
display fireworks or special effects.
Sec. 12. (1) A person shall not ignite, discharge, or use
consumer fireworks on public property, school property, church
property, or the property of another person without that
organization's or person's express permission to use those
fireworks on those premises. Except as otherwise provided in this
section, a person that violates this subsection is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $500.00.
(2)
Consumer A person shall
not sell consumer fireworks shall
not
be sold to a minor. A person that
violates this subsection
shall be ordered to pay a civil fine of not more than $500.00, or,
for a second or subsequent violation of this subsection, a civil
fine of not more than $1,000.00. In addition, the person's consumer
fireworks certificate shall be suspended for 90 days after the
civil
fine is ordered for a second or subsequent violation. This
age
requirement shall be verified The
seller shall verify the age
of a purchaser by any of the following:
(a) An operator's or chauffeur's license issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(b) An official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300.
(c) An enhanced driver license or enhanced official state
personal identification card issued under the enhanced driver
license and enhanced official state personal identification card
act, 2008 PA 23, MCL 28.301 to 28.308.
(d) A military identification card.
(e) A passport.
(f)
Any other bona fide photograph photographic
identification
that establishes the identity and age of the individual.
(3) An individual shall not discharge, ignite, or use consumer
fireworks or low-impact fireworks while under the influence of
alcoholic liquor, a controlled substance, or a combination of
alcoholic liquor and a controlled substance. As used in this
subsection:
(a) "Alcoholic liquor" means that term as defined in section
1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.
(b) "Controlled substance" means that term as defined in
section 8b of the Michigan vehicle code, 1949 PA 300, MCL 257.8b.
(4) An individual who violates the smoking prohibition under
NFPA 1124, 7.3.11.1 is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(5) Signage stating the smoking prohibition described in
subsection (4) satisfies the requirements of NFPA 1124.
(6) A person shall not sell at retail, possess, or ignite a
sky lantern or release an ignited sky lantern.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.