Mich. Comp. Laws § 28.451
Short title.
This act shall be known and may be cited as the "Michigan fireworks safety act".
Michigan Compiled Laws — MICHIGAN FIREWORKS SAFETY ACT (Act 256 of 2011)
Michigan · statute · 256 of 2011, Mich. Comp. Laws · 23 active provisions
Mich. Comp. Laws § 28.452
Definitions.
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 of the Interior or the department of natural resources of this state. (b) "APA Standard 87-1" means the…
Mich. Comp. Laws § 28.453
Novelties; inapplicability of act.
This act does not apply to novelties. Nothing in this act allows a local unit of government to enact or enforce an ordinance, code, or regulation pertaining to, or in any manner regulating, the sale, storage, display for sale, transportation, use, or distribution of novelties.
Mich. Comp. Laws § 28.454
Sale of consumer fireworks; certificate required; violation as civil fine; penalty; application; requirements; issuance; validity; issuance of original or renewal certificate; sales tax license information; denial; transfer; display; prohibition; location or address; disposition of fees.
(1) A person shall not sell consumer fireworks unless the person annually obtains and maintains a consumer fireworks certificate from the department under this section. (2) A person that fails or neglects to comply with subsection (1) is responsible for a civil fine as follows: (a) For a first violation, not more than…
Mich. Comp. Laws § 28.455
Sale of consumer fireworks from retail location; conditions; automatic sprinkler system; failure to comply; civil fine; insurance coverage; notice of dates and times of permissible use; form and content; conditions for sale over phone or internet.
(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…
Mich. Comp. Laws § 28.456
Website; establishment and maintenance by department; registration with low-impact fireworks retail registry; application fee; failure to register; civil fine.
(1) The department shall establish and maintain, or cause to be established and maintained, an internet website that has as its purpose the protection of the residents of this state who purchase, use, or transport fireworks. The website must include, but is not limited to, both of the following: (a) A list of every per…
Mich. Comp. Laws § 28.457
Local ordinances.
(1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or 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 r…
Mich. Comp. Laws § 28.458
Fireworks safety fee; imposition; payment; deposit in fireworks safety fund; failure to comply; civil fine.
(1) A user fee, known as the fireworks safety fee, is imposed on retail transactions made in this state for consumer fireworks and low-impact fireworks as provided in section 9. (2) A person that acquires consumer fireworks or low-impact fireworks in a retail transaction is liable for the fireworks safety fee on the tr…
Mich. Comp. Laws § 28.459
Fireworks safety fee; determination; rates; collection allowance.
(1) Except as provided in subsections (2) and (3), the fireworks safety fee is determined by the gross retail income from consumer fireworks and low-impact fireworks received by a retail merchant in a retail unitary transaction of consumer fireworks and low-impact fireworks and is imposed before any taxes are applied a…
Mich. Comp. Laws § 28.460
Fireworks safety fees; remittance; forms; manner; payment liability; past due amounts; aggregate filing; failure to remit; civil fine.
(1) A person that holds a consumer fireworks certificate or that is a retailer of low-impact fireworks is responsible for remitting all fireworks safety fees, as described in section 9, to the department. The person shall remit the fees collected with a form provided and in a manner prescribed by the department. The pe…
Mich. Comp. Laws § 28.461
Fireworks safety fund; creation within department of treasury; investment; money remaining in fund; lapse; expenditures; delegation of inspection duties; program.
(1) The fireworks safety fund is created within the department of treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund inves…
Mich. Comp. Laws § 28.462
Prohibited conduct; permission required; violation as civil infraction; civil fine; sale to minor; definitions; violation of smoking prohibition; civil fine; signage.
(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 vio…
Mich. Comp. Laws § 28.464
Identification of firework in violation of act; investigation; determination of violation; seizure; criminal or civil proceedings.
(1) A governmental or law enforcement agency that identifies a firework that is in violation of this act shall secure the firework and immediately notify the department of the alleged violation. The department or law enforcement agency shall investigate the alleged violation for compliance with this act. (2) If the dep…
Mich. Comp. Laws § 28.465
Storage of seized fireworks; disposal or destruction; storage and disposal costs; use for training purposes.
(1) Fireworks seized for an alleged violation of this act shall be stored in compliance with this act and the rules promulgated under this act. (2) Following a final disposition of an appeal of a conviction under this act that affirms the conviction, the department may dispose of or destroy any fireworks retained as ev…
Mich. Comp. Laws § 28.466
Articles pyrotechnic or display fireworks ignition; permit; competency and qualifications of operators; retention of fee.
(1) The legislative body of a city, village, or township, upon application in writing on forms provided by the department on the department's website and payment of a fee set by the legislative body, if any, may grant a permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks, c…
Mich. Comp. Laws § 28.467
Conduct not prohibited by act.
Except as otherwise provided in this act, this act does not prohibit any of the following: (a) A wholesaler, retailer, commercial manufacturer, or importer from selling, storing, using, transporting, or distributing consumer fireworks or low-impact fireworks. (b) The use of fireworks by railroads or other transportatio…
Mich. Comp. Laws § 28.467a
Issuance of citation by state fire marshal.
(1) If, as a result of an inspection or investigation, the state fire marshal or the state fire marshal's designee believes that a person has violated this act, an order issued under this act, or a rule promulgated under this act, the state fire marshal or the state fire marshal's designee shall issue a citation not mo…
Mich. Comp. Laws § 28.468
Violation of act; penalty; reimbursement of storage costs.
(1) Unless otherwise provided in this act, if a person violates this act, the person is guilty of a crime as follows: (a) Except as otherwise provided in this section, a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $1,000.00, or both. (b) If the violation causes damage to…
Mich. Comp. Laws § 28.468a
Citation for serious violation; fine; prosecution; payment of civil fines to department; collection proceedings.
(1) Except as otherwise provided in this section, a person that receives a citation for a serious violation, an order issued under this act, or a rule promulgated under this act shall be assessed a civil fine of not more than $1,000.00 for each violation. (2) Except as otherwise provided in this section, a person that…
Mich. Comp. Laws § 28.468b
Issuance of certificate prohibited; revocation.
(1) The department shall not issue, and an individual is ineligible to be issued, a consumer fireworks certificate if, as verified by the internet criminal history access tool (ICHAT) maintained by the department of state police, the individual was convicted of a felony involving theft, fraud, or arson. (2) If due to a…
Mich. Comp. Laws § 28.468c
Person ineligible to obtain consumer fireworks certificates; offenses; periods; sanctions.
(1) A person that is found responsible for any of the following is ineligible, beginning on the date of the finding, to obtain a consumer fireworks certificate for the period of time indicated: (a) A second violation of section 4(1), 5 years. (b) A third or subsequent violation of section 4(1), 10 years. (c) A first vi…
Mich. Comp. Laws § 28.469
Inspections; delegation of authority and responsibility.
The department may delegate authority and responsibility to carry out inspections and other duties under this act.
Mich. Comp. Laws § 28.470
Rules.
(1) The department shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to administer this act, including, but not limited to, all of the following: (a) Create uniform applications and other forms for dissemination to and use by local units of government under this…