Fireworks – State of Michigan June 2019 Ruling and Township Ordinance 530

Below are the State of Michigan’s June 2019 Ruling on Fireworks and the Charter Township of Genesee’s Ordinance

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Fireworks: Know the New State Law and Your Local Ordinance

State fire marshal urges safety- beware of the risks and know the dangers

Media Contact: LARA Communications 517-335-LARA (5272) Email: mediainfo@michigan.gov

June 28, 2019 – Michiganders who plan on setting off fireworks need to make sure they know which days are legal to do so in their local community. Michigan’s Fireworks Safety Act of 2011 (Public Act 256) was amended in December 2018, giving local government entities – villages, townships, and cities – the right to restrict the days and times for their residents to use consumer fireworks by enacting a local ordinance.

“Local government officials who assume that their municipality is simply following state law by not passing a fireworks ordinance may be inadvertently putting zero restrictions on fireworks usage in their community. This may not be what they intended, but it is what the state law puts forth,” said State Fire Marshal Kevin Sehlmeyer. “If no action is taken at the local government level, state law allows for fireworks to be used all year long. Simply put, if there is no local ordinance restricting fireworks, then there are no local fireworks restrictions in your municipality.”

Even if a local government chooses to restrict fireworks in their municipality by passing a local ordinance, state law requires that fireworks must be allowed on the following days, after 11:00 a.m.:

• December 31 until 1:00 a.m. on January 1
• The Saturday and Sunday before Memorial Day, until 11:45 p.m.
• June 29 to July 4, until 11:45 p.m.
• July 5, if it falls on a Friday or Saturday, until 11:45 p.m.
• The Saturday and Sunday before Labor Day, until 11:45 p.m.

Sehlmeyer emphasized the importance of knowing the rules since the amended state law also stipulates that violations of a local ordinance can result in a $1,000 civil fine.

“If you do plan to shoot your own fireworks, remember these are explosives and that if used incorrectly, can cause irreparable injury and harm,” said Sehlmeyer. “Take every safety precaution, especially with the more powerful consumer-grade devices such as firecrackers, bottle rockets and Roman candles, to avoid tragedy.”

In Michigan, consumer fireworks must meet Consumer Product Safety Commission (CPSC) standards. Licensed facilities will only sell fireworks to people 18 years of age or older. Low impact fireworks (ground-based items such as sparklers, toy snakes, snaps, and poppers) are also legal for sale and use

State law requires that consumer-grade fireworks only be ignited from personal property. It is illegal to ignite fireworks on public property (including streets and sidewalks), school property, church property, or another person’s property without their express permission. State law makes it illegal to discharge fireworks when intoxicated or under the influence of drugs.

When fire-related incidents involve consumer, low impact, or illegal fireworks resulting in property damage, injury or death of another person, individuals are subject to a misdemeanor or felony punishable by imprisonment of not more than five years and fines of up to $10,000 or both.

The Bureau of Fire Services fire inspectors are issuing citations to sellers who are non­ compliant with the Fireworks Safety Act to ensure that fireworks retailers operate their businesses safely to protect the public. Consumers should always buy from state­ certified fireworks retailers – whether in a permanent building or a tent – and should consider these important safety tips to protect lives and property:
ALWAYS:

• Follow the manufacturer’s directions.
• Have an adult supervise fireworks activities, including sparklers.
• Light fireworks one at a time, then immediately back away to a safe distance.
• Keep people and pets out of range before lighting fireworks.
• Light fireworks outdoors on a driveway or other paved surface at least 25 feet away from houses and highly flammable materials such as dry grass or mulch.
• Keep a bucket of water or a garden hose handy in case of fire or other mishap.
• Douse spent fireworks in a bucket of water before discarding them.

NEVER:

• Buy fireworks packaged in brown paper or use unlabeled fireworks – they are for professional use only.

• Experiment with or make your own fireworks.
• Allow young children to play with or ignite fireworks.
• Place any part of your body directly over a fireworks device when lighting the fuse.
• Try to re-light “duds” or pick up fireworks that have not ignited fully. (Rather, wait 15 to 20 minutes and then soak it in a bucket of water.)
• Point or throw fireworks at other people.
• Carry fireworks in a pocket or shoot them off in metal or glass containers.

Sparklers should not be considered harmless for kids. A significant number of young children are injured by being poked with sparkler wires and are badly burned by sparklers each year, per the CPSC.

More than 50 percent of sparkler-related injuries happen to kids under age 14 across the country. Sparklers can reach 1,200 degrees Fahrenheit and have the potential to cause significant burn injuries. Sparklers can quickly ignite clothing and can cause grass fires if thrown on the ground. Always keep a bucket of water close by to dispose of used sparklers promptly.

For a list of legal consumer fireworks, legal low impact fireworks, and novelties go to: http://www.michigan.gov/documents/lara/fireworks_381040_7.pdf.

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CHARTER TOWNSHIP OF GENESEE ORDINANCE NO. 530
AN ORDINANCE TO AMEND TOWNSHIP ORDINANCE No. 260, FIREWORKS – REGULATING THE SALE AND DISTRIBUTION OF FIREWORKS AND TO AMEND ORDINANCE No. 403, AN ORDINANCE REGULATING
THE LICENSING OF TRANSIENT MERCHANTS, VENDORS, PEDDLERS AND STREET VENDORS IN ORDER TO BRING BOTH ORDINANCES IN COMPLIANCE WITH PUBLIC ACTS 256 AND 257 OF 2011, THE MICHIGAN FIREWOKS SAFETY ACT.

The Charter Township of Genesee Ordains:

SECTION I

Purpose

An Ordinance to bring Township Ordinances No. 260, entitled ” Fireworks” and Ordinance No. 403, an Ordinance entitled “Regulating and Licensing Transient Merchants, Vendors, Peddlers, and Street Vendors” in order to bring said Ordinances in to compliance with the Michigan Fireworks Safety Act of 2011.

The name of this Ordinance shall be Michigan Fireworks Safety Act Compliance, Amendments to Existing Township Ordinances.

SECTION II

Section 6:

Addition of Section 6 to Ordinance No. 260, FIREWORKS

As a result of the enactment of Public Acts 256 and 257 of 2011, known as the Michigan Fireworks Safety Act and the contemplated adoption of regulations by the Michigan Department of Licensing and Regulatory Affairs, Bureau of Fire Services, it is now legal in Michigan for the purchase and use of consumer fireworks, such as Roman Candles, Bottle Rockets, and other items that leave the ground and as set forth in the American Pyrotechnics Association, Standard 87.1; 3.1.2; 3.1.3; and 3.5. Still covered by the Township Fireworks Ordinance No. 260 and as defined by the Michigan Fireworks Safety Act are low impact

fireworks, such as ground and hand-held sparkling devices, display fireworks, as that term is defined by the Fireworks Safety Act, such as large, explosive devices for use in fireworks displays, Articles Pyrotechnic, as that terms is defined by the Fireworks Safety Act and Special Effects designed and intended to produce audible, visual, mechanical or thermal effects for the use in motion pictures, radio, television or live entertainment as that term is defined by the Fireworks Safety Act. Except for those Sections of Ordinance No. 260 that may be in conflict with the Michigan Fireworks Safety Act, that Ordinance shall remain in full force and effect.

SECTION III

Amendment to Ordinance 403, to Bring the Same in Compliance with the Michigan Fireworks Safety Act of2011

Effective January 1, 2012, the Michigan Legislature enacted the Fireworks Safety Act, being Acts 256 and 257 of 2011. The Fireworks Safety Act authorizes individuals and business entities to offer for sale to members of the general public over the age of 18 what the Act refers to as “Consumer Fireworks”. The Act defines “Consumer Fireworks” to mean devices that are designed to produce physical effects by combustion that are required to comply with construction, chemical composition and labeling requirements promulgated by the U.S. Consumer Product Safety Commission and that are listed in a specified American Pyrotechnic Association Standard. Examples of”Consumer Fireworks” are Roman Candles and Bottle Rockets and other items that leave the ground and previously could not be sold legally in the State of Michigan. The Act now authorizes individuals and businesses to apply for and obtain a Consumer Fireworks certificate from the Department of Licensing and Regulatory Affairs.
Individuals and businesses holding a Consumer Fireworks certificate may sell the same from a retail location, assuming that all of the following applicable conditions are met:

a. The retail location satisfies the applicable requirements of the National Fire Prevention Association Codes not in conflict with the Act;

b. Beginning January 1, 2013, a permanent building or structure is equipped with a fire suppression system in compliance with N.F.P.A. 1124;

c. The retailer at that location is licensed under the General Sales Tax Act;

d. The retailer has a valid Federal Taxpayer Identification Number issued by the Internal Revenue Service, unless the retailer is a sole proprietorship; and

e. The retailer satisfies all of the other requirements of the Fireworks Safety Act and any regulations issued pursuant to that Act by the Department of Licensing and Regulatory Affairs, Bureau of Fire Services.

For those individuals or businesses holding a valid Consumer Fireworks certificate and have a retail location, meeting all of the requirements of the Fireworks Safety Act and Regulations, said individuals and/or businesses are hereby exempted from complying with the licensing provisions of Ordinance No. 403.

SECTION IV

Ordinances No. 260 and No. 403, except as modified, amended, or affected by this Ordinance, shall remain in full force and effect

Township Ordinance No. 260, entitled “Fireworks” and Township Ordinance No. 403, entitled “Transient Merchants” shall remain in full force and effect except as in conflict with the Michigan Fireworks Safety Act of 2011.

Pursuant to the authority granted municipalities in Section 7(2) of the Fireworks Safety Act, the Charter Township of Genesee reserves the right to regulate the ignition, discharge and use of Consumer Fireworks except on the day preceding, the day of, or the day after a national holiday.

Consumer fireworks may only be used, exploded or set-off the day before, the day of or the day after a national holiday. On those days, the use, exploding and setting-off of consumer fireworks shall be limited from 7:00 a.m. to 12:00 midnight.

SECTIONV

Effective Date

This Ordinance shall take effect on the date of its publication following its second reading.

We hereby certify that the foregoing Ordinance was adopted on the Second Reading by the Township Board of the Charter Township of Genesee at its meeting on March 30, 201 2, 2012.

First Reading:

– – March 13 – – •,2012

Second Reading:

– – M-ar-ch- 30- , 2012

Published on:

– – 2012